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Agenda 12-17-02
The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 17, 2002 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium December 17, 2002 CITY OF B 0 YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Dr. Solomon Rothstein, 2°d Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMZSSIQP: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. INDMDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS III. IVm Appointment To Be Made III Ferguson OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: Appointments to be made: Board Bldg. Bd of Adj & Appeals Alt Length of Term Expiration Datn I yr term to 4/03 'Agenda Regular City Commission Heeting Boynton Beach, Florida December 17,.2002 I!! Ferguson IV McKoy Mayor Broening Mayor Broening ]' Weiland IV McKoy II McCray Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Nuisance Abatement Board Recreation & Parks Board Stu 1 yr term to 4/03 Stu 1 yr term to 4/03 Reg 2 yr term to 4/04 Tabled (2) Tabled (2) Alt 1 yr term to 4/03 Tabled (3) Reg 3 yr term to 4/03 Tabled (3) Alt 1 yr term to 4/03 Tabled (3) Alt 1 yr term to 4/03 Tabled (2) ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events 1. Presentation of awards for "Decorating with Lights" contest Presentations: 1. Proclamations: a. "Rose Ann 'l'illman Day" - December 30, 2002 Presentation from representatives of Boynton Cultural Centre, ]:nc. to the current and immediate past Commissioners to commemorate a successful first year at the Schoolhouse Children's Museum PUBLTC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Amending the Motorola DP, Z/Master Plan to allow retail, commercial, and 500 residential units on 48.1 acres of the 87.4-acre site (Proposed Ordinance No. 02-061) Project: Agent: Owner: Location: Description: Hawks Landing (REZN 02-006) (PO..~7'POAIED TO THE ,~2/.~9/02 PLANIVSNG & DEI/ELOMNEIVT BOARD AtEE7"~NG) Bradley Miller, A~CP, Miller Land Planning, ]:nc. Grayhawk Development Corporation North of 16m Avenue, between 3= Court and 4m Street Request to rezone from R3 Multifamily (10.8 dwellings per acre) to Planned Unit Development (PUD) (for 18 single family detached zero lot line homes · Agenda Regular City Commission Meeting Boynton Beach, Florida December 17,.2002 Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (POSTPO~VED) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park P:ID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park P:ID) Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel V]:L CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become.a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of December 2, 2002 Regular City Commission Meeting of December 3, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNIT," Bid #078-2821- 02/C. JD, to VACUUM SOURCE, :INC. of Greer, South Carolina in the amount of $24,950 (Tab/ed at 11/~9/02 I~eeting) REQLIES'T REilfOVAI. FROI¥ TABI.E AND I~IOTION TO RE/~fOVE FROI~f Award the TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES," Bid #014-2110-03/KR, for an estimated annual expenditure of $200,000 (Proposed Resolution No. RO2-2~.5) C. ResoluUons: Proposed Resolution No. R02-2:[6 Re: Ratifying the 2002- 2005 Collective Bargaining Agreement between the City of Boynton Beach and the Boynton Beach Association of Fire Fighters, Local !89! of the International Association of Fire Fighters, AFL-CiO, CLC Proposed Resolution No. RO2-2~.7 Re: Release of cash bond of $4,092 to Hunters Run Property Owners Association, Inc. for the project known as Hunters Run Country Club 3 · Agenda Regular City Commission MeeUng Boynton Beach, Florida December 17,-2002 Proposed Resolution No. R02-218 Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Firemen & Oilers SEIU, AFL-CIO, CLC, Local 1227, to resolve/clarify an issue of dispute between the parties D. Ratification of Planning & Development Board Action: Gateway Plaza (USAP 02-O02), Lot 91-Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard - Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 ! the Quantum Park P!D E. Ratification of CRA Action: None Accept the written report to Commission of purchases over $10,000 for the month of November 2002 for informational purposes Approve a donation from Federal Justice Forfeiture funds in the amount of - $4,000 to Glades Central High School Criminal Justice Academy Approve a donation from monies received from Local Confiscated Funds to the Juvenile TransiUon Center, !nc. of Boynton Beach, in the amount of $4,000 Cl'rY MANAGER'S REPORT: None FUTURE AGENDA TI'EMS: FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway AdministraUon Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) DEVELOPMENT PLANS: None NEW BUSZNESS: None · Agenda Regular City Commission Meeting Boynton Beach, Florida December 17,.2002 XZ:[. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-062 Re: Rezoning vacant land consisting of +32.159 acres on the east side of South Congress Avenue from M-1 Tndustrial to PUD Planned Unit Development (South Congress Residential) Ordinances - ist Reading Proposed Ordinance No. 02-063 Re: Amending Article III Pensions For Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; amending the requirements For retirement; and amending the monthly supplemental benefits Proposed Ordinance No. 02-064 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances to provide for optional transfer of accumulated leave balances upon retirement Proposed Ordinance No. 02-065 Re: Amending Article III, Pensions For Police Officers, Chapter 18 oF the Boynton Beach Code of Ordinances; allowing participants in the DROP to change their method for the crediting oF investment earnings Proposed Ordinance No. 02-066 Re: To allow a one-time opportunity For current participants in the Police Officers' Pension DROP to change their method to credit investment earnings pursuant to Article III, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances Resolutions: None Other: Motion to pay court ordered judgment to .lose Mass, plaintiff, in the amount of $17,678.96, for a motor vehicle accident where total demand at trial was in excess of $337,000 · Agenda Regular City Commission Heeting Boynton Beach, Florida December 17,2002 XIII. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOT[CE IF A PEIGON DEC3DES TO APPEAL ANY DECISION MADE BY THE C~Pf COMMISSION W]TH RESPECT TO ANY MA'I-FER CONSIDERED AT THIS MEETING`, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND`, FOR SUCH PURPOSE`, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPI~ATE AUX3UARY AIDS AND SERVIt"FS WHERE NECESSARY TO AFFORD AN INDIV]DUAL w]'rH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENERTS OF A SERVICE`, PROGRAM`, OR ACTIVITY CONDUCTED BY THE CTTY. PLEASE CONTACT ]OYCE Cos'rELLO, ($61) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACT'[VZTY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNALAGENDA 12/17/2002 10:25 AM S:\CC~WF~CCAGENDA~GENDAS\YEAR 2002~121702.DOC 6 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FO V.-ANNOUNCEMENTS & PRESENTATIONS Item B.1 Requested City Commission Meetin,, Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ' RECOMMENDATION: Presentation of Awards for Decorating with Lights Contest' EXPLANATION: 15 Residences and businesses submitted applications. The Mayor & City Commission did the final judging. Listed below are the names & addresses of the winners for each category: Private Homes Ist Place - Lisa Ports - 1225 NW 8t~ Street 2na Place - Patricia Washington - 1971 NWIst Street 3~a Place - Joseph Baldwin- 1746 Paimland Drive Business 1 ~ Place - The Dolphin Restaurant and Lounge Homeowners Association 1 u Place - Boynton Leisureville Community Association - 1807 SW 18t~ Street Judges Choice Trento Abbruciati - 1082 NW 6e~ Avenue PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not proceed with this program next year. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~6.GENDA ITEM REQUEST FORM.DOC V.-ANNOUNCEHENTS & PRESENTATIONS ~tem C.l.a WHEREAS, ROSE ANN TILLMAN is a long time resident of the City of Boynton Beach, Florida, and will be celebrating her 75th birthday on December 30, 2002; and WHEREAS, ROSE ANN TILLMAN is known throughout the community as a woman of courage, determination and wisdom, always ready with a kind word and smile for all she meets, and countless lives have been touched by this woman's goodwill and enthusiasm; and WHEREAS, ROSE ANN TILLMAN is a devoted Mother of six children, five daughters and one son, Grandmother and Great-Grandmother to several Grandchildren, raising her family as a single parent since the death of her beloved husband in 1965; and; WHEREAS, ROSE ANN TILLMAN has faithfully served her family and community, devoting many years of missionary and volunteer service, serving as the President of the Missionary Society, as well as President of the Choir of the New Mount Zion Missionary Baptist Church for the past forty years. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, do hereby proclaim Monday, December 30, 2002 as "Rose Ann Tillman Day" in the City of Boynton Beach, and in honor of her many years of dedicated service to the community, I publicly recognize and thank her for the good she has brought to the people of this community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be fixed at Boynton Beach, Florida, this 17th day of December, Two Thousand and Two. Attest: Gerald Broening, Mayor City of Boynton Beach, Florida City Clerk (Corporate Seal) V.-ANNOUNCEHENTS & PRESENTATIONS tem C.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) [] December 2, 2002 (Noon) [] December 16, 2002 (Noon) [] January 6, 2003 (Noon.) [] Requested City Commission Meeting Dates February 4, 2003 February 18, 2003 March 4, 2003 March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Allow representatives of Boynton Cultural Centre, Inc. to make a presentation to the current and immediate past commissioners to commemorate a successful first year at the Schoolhouse Children's Museum. EXPLANATION: The partnership between the City of Boynton Beach and the Boynton Cultural Centre, Inc. should be recognized for its successful economic impact on the city as well as the educational value it provides for Palm Beach County's children and their families. PROGRAM IMPACT: Over 30,000 visitors and 55 different schools/organizations came to the museum during its first year. More than 1300 memberships were sold from Miami to Canada. A national advertisement generated over 340 requests for more information from 33 states and the Netherlands. Volunteers contributed 2,400+ hours. FISCAL IMPACT: Ail visitors and inquires generate traffic to the downtown area as well as families looking for a place to have lunch and shop. ALTERNATIVES: Do not take the time to celebrate and recognize the achievements of a partnership project that has exceeded its goals and so greatly benefited the community. Department Head'~ S~g~atur~ ' City Manager's Signature Library Department Name City Attorney / Finance / Human Resources SSBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC VI'.-PUBLIC HEARING ZTEM A. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FOt vl Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 17, 2002 City Commission Agenda under Public Hearing and Legal, Ordinance - Second Reading. The City Commission with a 4 to 1 vote, recommended that this request be approved on First Reading on December 3, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-244. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Motorola (DRIA 02-002) R. Duke Woodson, Foley & Lardaer Maury L. Carter & Associates, Inc. South East comer of Gateway Boulevard and Congress Avenue Request to amend the Motorola DRI/Master Plan to allow retail, commercial and 500 residential units on 48.1 acres of the 87.4-acre site. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES'~ N/A Develdlffmi~nt D~p~u~'~nt b'h'ector City Manager's Signature City Attorney / Finance / Human Resources S:Wlanning~HAKED\WP~ROJECTSLMotorola DREDREAgenda Request Motorola DP, IA 2nd reading 02-003 12-17-02.dot SSBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02-(~{o/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-36 OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE MOTOROLA DR/ ORDER; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTWE DATE. WHEREAS, on October 1, 1979, MOTOROLA, INC., (hereinafter sometimes referred to as Motorola) filed a Development of Regional Impact Application for Development Approval (hereinafter Application) with the Treasure Coast Regional Planning Council (TCRPC) in accordance with Section 380.06, Florida Statutes; and, WHEREAS, the City Commission of the City of Boynton Beach approved the Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and subsequently amended by Ordinance 79-36, dated January 7, 1980; and WHEREAS, Motorola proposed to develop a manufacturing development and administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial md Office) Development of Regional Impact on the following described real property located in Palm Beach County, Florida, described in Exhibit "A". WItEREAS, on September 18, 2002, Maury L. Carter & Associates, Inc., the new owner of the Property (hereinafter referred to as Developer), filed a Notice of Proposed Change to the Motorola Development of Regional Impact with the City of Boynton Beach, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Developer proposes to operate the existing office, warehousing, and manufacturing uses currently existing on the Property and to develop vacant portions of S:\CA\Ordinances\DRl~,mended 121002 DRI Amendment Motorola.doc Page 1 the Property as a mixed-use project with residential dwellings and supporting commercial uses; arid:: WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Division of Community Affairs, the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has on December 17, 2002, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and WHEREAS, this City Commission has received and considered the report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has received and considered the report and recommendations of the Technical Review Committee and the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. S:\CA\Ordinances\DRl~,mended 121002 DRI Amendment Motorola.doc Page 2 Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following' findings of fact regarding the Notice of Proposed Change submitted by Maurly L. Carter & Associates, Inc., the "Developer" related to the Motorola Development of Regional Impact previously approved by Ordinance 79-36: FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory poli~y document; C. The proposed amendment to the Development of Regional Impact Order (DRI) Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or will be, consistent with the local land development regulations, subject to conditions outlined herein, and Section 7, Paragraph 10 of Appendix A of the Boynton Beach City Code; and D. The proposed development will be consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW S:\CA\Ordinances\DRl~Amended 121002 DRI Amendment Motorola.doc Page 3 It is hereby determined by the City Commission of the City of Boynton Beach, Florida, ' ih a public meeting, duly constituted and assembled this 17th day of December, 2002, that the Notice of Proposed Change to the Motorola Development of Regional Impact submitted by the Developer is hereby ordered Approved, subject to the following provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "C", and incorporated herein by reference. 1. That this amended DR/ Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Motorola DR/filed by the Developer. 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended DR/Order. 3. The Development Order shall be amended to include the following provisions: Conversion of 825,000 square feet of industrial and office land use entitlements to: 500 multi-family residential units 63,500 square feet of retail use 450,000 square feet of office use 128,000 square feet of industrial (warehouse) use Master Site Development Plan Amendment No. 1, as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B", replaces and supersedes the Master Site Development Plan currently approved in the Development Order. 4. That this amended DR/Order shall be binding upon the Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DR/Order. S:\CA\Ordinances\DRl~Amended 121002 DRI Amendment Motorola.doc Page 4 That in any event that any portion of section of this amended DRI Order is determined tc~:be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRI Order, which shall remain in full force and effect. That the approval granted by this amended DRI Order is conditional. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. The amendments proposed by the Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). That this amended Development Order shall remain in effect for a period of 30 years from the date of its rendition, up to and including January 7, 2010, provided that th]s effective period be extended by this Commission upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development within four years from the date of rendition of this amended DRI Order, development approval shall terminate and the development shall be subject to further consideration. Significant physical development shall mean site cleating and foundations for the facility. Actual development phasing will depend upon economic circumstances and Developer's internal business growth. The proposed development as described in the Notice of Proposed Change to the Motorola DRI are for planning purposes only and the actual development schedule may vary therefrom. S:\CA\Ordinances\DRl~rnended 121002 DRI Amendment Motorola.doc Page 5 10. The amended DRI Order set forth in Section 1 hereof shall become effective upon adoption as a part of the Ordinance rezoning a portion of the subject property fi.om Planned Industrial Development (PID) to Community Commercial (C-3) and amending the land use designation for a portion of the subject property fi.om Industrial to Local Retail Commercial (provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this amended DRI Order. 11. Copies of this Ordinance incorporating the amended DRI Order, rezoning a portion of th_.~.e subject property to Community Commercial (C-3) and amending the land use designation of a portion of the subject property to Local Retail Commercial shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council and the Developer. 12. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 3. That the following described land located in the City of Boynton Beach, Florida, (approximately 49.69 acres) is subject to the successful Land Use Plan Amendment and Rezoning, which will occur after review by the State of Florida Department of Community Affairs: ALL THAT PART OF THE PLAT OF MOTOROLA~ A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 1 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTER.LINE OF NW 22~a AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE S:\CA\Ordinances\DRl~Amended 121002 DRI Amendment Motorola.doc Page 6 DISTRICT EQUALIZING CANAL E-4, A DISTANCE OF 4.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES i0 MINUTES 03 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1172.27 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY~ THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978. ! I FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEETg THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.90 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 999.30 FEET; THENCE NORTH 00 DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 162.94 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 46 SECONDS EAST, A DISTANCE OF 266.41 FEET; THENCE NORTH 10 DEGREES 15 MINUTES 35 SECONDS EAST A DISTANCE OF 279.13 FEET; THENCE NORTH 07 DEGREES 10 MINUTES 03 SECONDS WEST, A DISTANCE OF 1033.22 FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF 185.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22'~u ~,VENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; TOGETFgER WITH ALL THAT PART OF THE PLAT OF MOTOROLA , A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 2 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22~ AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY S:\CA\Ordinances\DRl~Amended 121002 DRI Amendment Motorola.doc Page 7 LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E.4~ THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES I0 MINUTES 03 SECONDS EAST (I~EARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EQUA!.IZING CANAL E-4, A DISTANCE OF 1176.29 FEET TO THE POINT Ol-' CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAD WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAD CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES MINUTES 53 SECONDS EAST, CONTINUING ALONG SAD WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAD PLAT O1~' MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAD PLAT OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF- WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOX WIDE STRIP OF LAND AS SHOWN ON SAD PLAT OF MOTOROLA AS ADDrI'IONA~L RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUI'E8 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LIN'E, A DISTANCE Ol~' 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG TIdE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAD EASTERLY RIGHT-OF-WAY LINE, A DISTANCE O1~' 250.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAD EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 13.08 FEET; THENCE NORTH 25 DEGREES 55 MINUTES 15 MINUTE8 WEST, CONTINUING ALONG SAD EASTERLY RIGHT-OF-WAY LINE, A DISTANCE 26.83 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, CONTINUINLi ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 155.43 FEET; THENCE NORTH 00 DEGREES 24 MINUTES 18 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 241.34 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EASI' LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAD PLAT Ol~' MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAD PLAT; THENCE NORTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, ALONG SAID EASTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 408.01 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, A DISTANCE OF 298.39 FEET; THENCE SOUI'H 28 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 138.72 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 14 SECONDS EAST, A DISTANCE OF 420.90 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 213.61 FEET TO THE POINT OF BEGINNINGi S:\CA\Ordinances\DRl~mended 121002 DRI Amendment Motorola.doc Page 8 TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA , A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 3 COMMENCING AT THE NORTHEAST CORNER OF SAIl3 PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22°d AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-41 THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-4, A DISTANCE OF 4.02 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT- OF-WAY LINE OF NW 22r~D AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 931.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 471.99 FEET; THENCE SOUTH 45 DEGREES 24 MINUTES 34 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 410, PALM BEAC_~I COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 55.26 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 198.34 FEET; THENCE SOUTH 05 DEGREES 32 MINUTES 47 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 240.97 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT- OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 188.39 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 208.30 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 29 SECONDS WEST, A DISTANCE OF 207.27 FEET TO A POINT OF CURVATURIZ OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 198.94 FEET; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENIKAL ANGLE Ol~' 85 DEGREES 32 MINUTES 37 SECONDS, A DISTANCE OF 297.03 FEET TO THE END Ol~' SAID CURVE; THENCE NORTH 00 DEGREES 54 MINUTES 59 SECONDS WEST, A DISTANCE OF 19.95 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 87.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC Ol~' SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 DEGREES 20 MINUTES 30 SECONDS, A DISTANCE OF 64.29 FEET TO THE POINT OF TANGENCY; THENCE NORTH 41 DEGREES 25 MINUTES 31 SECONDS EAST, A DISTANCE OF 119.55 FEET TO A POINT OI~' CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 288.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENI'RAL ANGLE OF 22 20 MINUTES 41 SECONDS, A DISTANCE OF 112.32 FEET TO THE POINT Ol~' BEGINNING. CONTAINING: 2164736.963 SQUARE FEET OF 49.695 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. S:\CA\Ordinances\DRl~.mended 121002 DRI Amendment Motorola.doc Page 9 Section 4. Except as provided herein, the Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida Department of Environmental Protection. Section 5. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. This ordinance shall become effective immediately upon its passage. FIRST READING this __ day of SECOND READING and FINAL PASSAGE this __ ,2002. day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\Ordinances\DRIV~rnended 121002 DRI Amendment Motorola.doc Page 10 EXHIBIT "A" LEGAL DESCRIPTION: ALL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOTS 94, 95 AND 1 03 THROUGH 1 07 ON THE W EST IN SAID SUBDIVISION. ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E~, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106, AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. ALSO, ALL THAT PART OF THE SW ¼ OF SECTION 17 AND THE NW ¼ OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22N° AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL. $:\Plannln~HARED~WI~PROJECTS~4otm'ola ORItDR~DRIA 02- 0~2 Exhibit A. doc :mctu~,triot lO.~~_ ex;. OFFice 2~.0~: ac. ~u[ti F~w"~ily ]~,.Ot ac. 8?.4+_ ac. EXHIBIT ',3: Ac. 3~,.0 ~- Ac. CANAL. TI-.IE MOTOROLA DRI NOPC MASTER DEVELOPMENT PLAN tBoynton E~ach, Palm E~och Count. y, Ftorida EXHIBIT "C" Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2nd review identified as Development of Regional Impact Amendment Master Plan with a November 5, 2002 Plannin[[ & Zonin~ Department date stamp markin[[. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTILITI]~S Comments: 1. The Developer has agreed to furnish their own fire flow protection from an X - on-site source for all fire-flows above the City requirement of 1500 gpm (~ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineenng evaluation of the additional impacts on the potable water system (as outlined in the next condition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an analysis, t o b e conducted b y t he City's e nganeers, e valuating t he ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not=to-exceed" cost estimate to the developer. Upon receipt of the requested mount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving City approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases t o t he prOJect i fh e satisfies a 11 conditions o f t he above Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT deadlines in a tmaely manner. 3. The developer shall be responsible for resermng purchasing all additional X water and sewer capacity, based upon the requirements as stated in the Cit,/'s code, not heretofore purchased by the prior owners of the property. Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants tn commercial applications shall be no more than 300 ft. apart and the remotest : part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mares no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 ~m is required. POLICE Comments: None X ENGINEERING DMSION Comments: None X BU~IHNG DMSION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation Impact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea DEPARTMENTS INCLUT)E REJECT 7. The fee is du~t the time of the first applicable building perrmt. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway / bikeway easement along the east and/or south sides of this property especially along the E4 canal. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 10. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public Hearing for the NOPC Amendment #1. 11. Applicant must submit an Annual Report for the Motorola DRI by January X 1, 2003. 12. The approval of NOPC #1 is contingent upon the approval of the Land Use X Amendment fi:om Industrial to Local Retail Commercial and the Rezoning fi:om Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DRI. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS C o ffu~ents: 1. To be determined. X ADDITIONAL CITY COM3418SION CONDITIONS Comments: 1. To be determined. Conditions of Approval 4 S:\Planning\SHARED\WP~PROJECTS\Motorola DRI\DRI\COA.doc TO: THROUGH: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-244 Chairman and Members Planning and Development Board Michael Rumpf '~¢~' Planning and Zoning Director Lusia Galav, AIC~ Principal Planne~ October 31, 2002 Motorola - DRIA 02-002/MPMD 02-003 NOPC Amendment #1 NATURE OF REQUEST Motorola is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 acres, zoned Planned I ndustdal Development (PID). It is located o n t he southeast comer o f Gateway Boulevard and Congress Avenue. (See attached Exhibit 'A" - Location Map). The applicant, Maury L. Carter & Associates, Inc. is requesting an amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #1 proposes to change the Motorola DRI by the conversion of the 825,000 square feet of industrial and office land use entitlements for the property to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. Them are no changes proposed to the DR! phasing, commencement date or build-out date of 2010, and no lands are proposed to be added to the DRI boundaries (see attached Exhibit 'B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Flodda Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice ~of Proposed Change (NOPC) in accordance with the statutory requirements. The Flodda Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has responded to the NOPC request in a letter dated November 4., 2002 (see attached Exhibit 'F"). They expressed several concerns regarding inconsistent data and the traffic methodology. A letter from the Flodda Department of Transportation (FDOT) was also included delineating their concerns with the traffic methodology. These issues are discussed below in the section entitled 'Regional Impacts". No response has been received from the DCA. Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 The City's Land DeVelopment Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public headng to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The odginal DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on October 22, 2002. ANALYSIS Notice of Proposed Chanqe (NOPC) - Substantial Deviation The cdteda for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that two of the cdteda apply to the proposed changes to the Motorola D RI. These cdteda, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.a., A change proposed for 15 percent or more of the acreage to a land use not previously approved in the development order. Changes of less than 15 percent shall be presumed not to create a substantial deviation. The requested change .involves 48.1 acres, which is 55 percent of the 84.4 total acreage of the Motorola DRI. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination C hart". T he applicant h as p rovided a n updated c hart ( see Exhibit "B"). Amendment #1 involves changes to the three original use categories: office, manufacturing and warehouse (storage & distribution). The proposal will eliminate manufacturing while adding residential and commercial uses. The proposed increases and decreases are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 Conclusion The proposed changes delineated in Amendment #1 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Flodda Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. A final determination regarding the substantial deviation determination cannot be made until the traffic issues are resolved. Master Plan Modification This is the first amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a vadety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI that was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property to the current applicant. The 87.4-acre Motorola site is zoned Planned Industrial Development (PID). The applicant proposes to keep 39.3 acres in the PID zoning category including the existing Motorola building. The balance of the site, 48.1 acres, proposed for commercial and residential development, would be rezoned to Community Commercial (C-3). The 1.4+/- acre daycare parcel would also be rezoned to C-3. The residential use is proposed for the 33-acre parcel south of the existing Motorola building. Retail development is proposed along the Congress Avenue side (west) wrapping around the comer along a short segment of Gateway Boulevard. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Motorola DRI NOPC Master Development Plan). In their letter, the T CRPC supports and encourages mixed-use development. Regarding the proposed Motorola NOPC #1 Master Plan, the letter states: "The DRI master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development". They have offered their services to assist the applicant in preparing a plan that achieves the mixed-use objectives. The city supports the mixed-use concept and will work with the TCRPC and developer to obtain an acceptable site plan. Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and comPatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Reqional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 trips) resulting from the requested land use changes. Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County has not formally responded to the study, but has verbally expressed objections to the methodology used for tdp generation and the calculation of "vested" tdps. Discussions are ongoing between the applicant and the County regarding this issue. Approval from Palm Beach County is required pdor to the adoption of the development order. As mentioned eadier, The TCRPC and FDOT have also objected to the traffic methodology. A meeting was held on November 14, 2002 with all parties to discuss this issue. The applicant prepared a revised traffic study that was distributed at the meeting. All agencies will review the new information and provide comments as soon as possible. Loca! The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the city. As such, the city's main focus is local issues and impacts. There were six areas identified by the TRC members for review regarding potential local impacts. Each area is discussed below. Traffic - The traffic study methodology is a local concern as well. An acceptable methodology must be agreed upon by the TCRPC, FDOT, Palm Beach County and the City to determine if there are additional local and regional impacts. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues can be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd)for both water and sewer. The city's projected demand for the proposed development is 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. Due to the magnitude of the increase above the pdor approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the city at the applicant's expense. Any. required improvements to the water and sewer systems and related levels of service will be borne by the developer. This recommendation is addressed in Exhibit "E" - Conditions of Approval. Drainaqe - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. The applicant submitted a copy of the current South Flodda Water Management permit for the existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The city's Forester/Environmentalist has indicated that there are existing active Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant has submitted a Migratory Bird Nest Removal Application with the State of Flodda Fish and Wildlife Conservation Commission as required. A copy of the application was submitted to the Planning and Zoning Division. Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 School Concurr~'ncy - The NOPC includes a request for 500 dwelling units. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development (see Exhibit "E" - Conditions of Approval). Also, the city is requesting that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south. Consistency and Compatibility with City Policies In order for the proposed development to go forward the land use and zoning must be changed on a portion of the site to accommodate the commercial and residential uses. The applicant proposes to change the land use from Industrial to Local Retail Commercial (LRC) and change the zoning from Planned Industrial Distdct (PID) to C-3 Community Commercial. The applicable Comprehensive Plan policy is Policy 1.19.2 that states: Policy 1.19.2 The City shall provide continued effort to allow for industrial acreage;, hqwever, that land desiqnated "Zndustrial" on the currently adoeted Future Land Use Mae may be converted to commercial or residential desiqnatiQn$ if the conversion (il would '"~'-" generate a range of: employment choices for current and future residents, provide goods and services of regional importance, a~,~ -- -: .... ~---' fi=cal a,~ ccc,~c,m~c =[,~[~ca~,cc.. or would orovide oooortunities for the Cit'V t9 meet its Ionq-ranee housine qoals; and ¢ii~ is based upon ~de~uate data includine market analysis. ('l'his language reflects policy amendment as currently proposed in amendment cycle 1-2002.) The requested land use change is consistent with this policy. The proposed commercial and residential development together with the continued use of industrial and office will provide a compatible mix of uses. Given the improbability of finding another single tenant business user for the existing site, the proposed mix of uses is a viable alternative. The requested C-3 Commercial zoning i s t he most a ppropdate designation to accommodate both the residential and commercial uses. This distdct permits multi-family residential at a maximum density of 10.8 dwelling units per acre as well as providing a wide range of retail/commercial uses. A more detailed discussion of the land use and rezoning is in the staff report for that application (LUAR 02-007) being processed concurrently. The adoption of Motorola NOPC Amendment #1. is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 In addition, the deveioper has submitted an application to amend the Motorola PID Master Plan to eliminate the proposed 6-3 zoned area from the PID boundaries. A PID permitted use list will be approved with the Master Plan modification as well. Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Local impacts will be addressed in the Conditions of Approval for the NOPC #1. RECOMMENDATIONS Pursuant to Flodda Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has not demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of the traffic issue will be required before a determination of no substantial deviation can be made. Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". $:'~ANNING~.~IARE~WI~:~RO,JECTS~aOTOI:~OI..A ORN~I~I'AFF REPORT ORIA 02.002. D0C MOTOROLA (DRIA 02-002) Location Map EXHIBIT "A" C3 SITE QUANTUM PARK E-4 CANAL ', R1AA EXHIBIT "B" 0CT-31-0~ 14:40 FROM: [D:407G481743 EXHIBIT "B" [D:407~481743 EXHIBIT "B" 0CT-31-0:2 14 ~41 FROM~ 1D:4~7~481743 F::XHIBI/"B" e 0CT-31-{32 14 =41 FROM= 1D:407~481743 PAl;:g~ 7/7 EXHIBIT "B" CONCEPTUAL PHASE I MASTER PLAN EXHIBIT IICI' MASTER PLAN-ADA 197g L£GENO ,! / / A/IOT'OI:/OLA CONCEPTUAL PHASE I]i MASTER PLAN EXHIBIT "C" MOTOROLA CONCEPT1 MASTER PLAN-ADA MAP H-3 SHE,'7 1 1 - 1,5 ~,'~ ,.~_., ,. CONCEPTUAL PHASE II MASTER PLAN EXHIBIT "C" MOTOROLA CONCEPTUAL MASTER PLAN-ADA 19~-~' LEGEND / ~ec~iatl(~nei / ~A~, H-2 SNE~-'T' I 1- 14 EXHIBIT "D" 54_- ~c ~_ANO 2q.O: ac;. 4~0,000 ~0'1' N TON CANAl- EXHIBIT "ID" THE r'IOTOROLA DRI NOPC r"IASTEP. DEVELOPf"IENT PLAN Boynt~ tDeach, EXHIBIT "E" Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2"a rex, iew identified as Development of Regional Impact Amendment Master Plan with a ~ovember 5, 2002 Planning & Zoning Department date stamp mark. inS. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTILITIES Comments: 1. The Developer has agreed to furnish their own fire flow protection from an X on-site source for all fire-flows above the City requirement of 1500 gpm (~ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineering evaluation of the additional impacts on the potable water system (as outlined in the next condition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an analysis, to be conducted by the City's engineers, evaluating the ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not-to-exceed" cost estimate to the developer. Upon receipt of the requested mount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving City approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases to the proiect if he satisfies all conditions of the above Conditions of Approval DEPARTMENTS INCLUDE REJECT deadlines in a timely manner. 3. The developer shall be responsible for reserving purchasing all additional X water and sewer capacity, based upon the requirements as stated in thc City's code, not heretofore purchased by the prior owners of the property. FIRE Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 2000 edition, and NFPA 10 l, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 ft. apart and the remotest part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 ~pm is required. POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation Impact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea DEP,,~RTMENTS 12~'CLUDE } REJECT 7. The fee is due at the time of the first applicable building permit. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #l request, the applicant W~tl work with the Parks & Recreation Department to provide a greenway / bikeway easement along the east and~or south sides of this property especially along the E-4 canal. FORE STERJENVIRONME NTALIST Comments: None X t PLANNING AND ZONING Comments: 9. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 10. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public Hearing for the NOPC Amendment # 1. 11. Applicant must submit an Annual Report for the Motorola DRI by ,lanuary X 1, 2OO3. 12. The approval of NOPC ltl is contingent upon the approval of the Land Use X Amendment from Industrial to Local Retail Commercial and the Re-zoning from Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DRI. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: l. To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. [ N O I A N i-R I ~ E R-' -~ '~'iA"'R"'~ I N'-- -PX--L~! :2 EXHIBIT "F" BE-ACH COuxctL ST. LL;"CIE ' November 4, Mr. Michael W. R. umpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Subject: Motorola Development of Regional Impact Notification 'of Proposed Change Dear Nk. Rump~ In accordance with the requirements of Section 380.06(19), Florida Statutes (F S.). we have reviewed the '~'otification of a Proposed Change to a Previously Approved Development of Regional Impact (DR/)" ('NOPC) for the Motorola DR/dated September l 7, 2002. The NOPC proposes to change the existing plan of development to allow development of 500 multi-family residential units, 450,000 square feet of office space, 63,500 square feet of retail space including shops and restaurants, and 128,000 square feet of self storage space. The applicant has submitted additional information on October 23, 2002 requesting the inclusion of a conversion matrix to allow changes in the plan of development to occur without the need to amend the development order. Council has the following concerns with the proposed changes: t) The ex/sting Motorola DRI is approved for 625,000 square feet of industrial uses and 200,000 square feet of office use, which totals 825,000 square feet of entitlements not 850,000 square feet. :) Exhibit E, Substantial Deviation Determination Chart, needs to be revised to reflect the original plan of development and the proposed changes under each applZable land use (i.e. office, industrial, retail, residential and industrial). 3) The applicant did not provide data and analysis to justify, the conversion matrix. The calculations to determine the conversion rates and what factor (i.e. water, sewer. traffic, or affordable housing) is the more restrictive tbr each of the proposed conversions have not been provided by the applicant. )dso, the applicant has not EXHIBIT "F" *lt. Michael W. ~(umpf November 4, 2002 Page 2 provided the proposed minimum or maximum levels ofdeve!opment for each of the land uses.in the conversion matrix. 4) The change in land use from non-residential to residential may change traffic patterns for the project creating additional impacts to the regional roadway network. The traffic analysis should be revised to include information on the present and proposed distribution of traffic on the regional roadways in the area. A meeting with the review agencies and local government should be set to discuss the proposed distribution of traffic and its potential impacts. 5) The last annual report for the Motorola DI~I was submitted on lanuary 1985. Therefore, the project is in violation of the City's development order. An annual report for the project should be submitted each year. If a conversion matrix is approved, the development order should be revised to require the applicant to report use of the conversion matrix in the annual report. The Florida Department of Transportation has concerns with the traffic analysis submitted with the proposed change (see attached letter). These concerns need to be addressed. The applicant has submitted additional information to address some of these concerns. However, the information was not received to allow sufficient time for the review agencies to comment. Until the above concerns are fully addressed, Council objects to the proposed change. The Strategic Regional Policy Plan for the Treasure Coast Region encourages the formation of sustainable neighborhoods and communities. Sustainable communities should include a compatible mix of land uses, well designed and maintained public spaces, buildings and infrastructure, and a network of interconnected streets designed for various transportation modes. Council strongly encourages continued efforts to provide for mixed-use development in the City. However, it is equally important that mixed-use development is done correctly. There must be a true integration and appropriate mix of uses, not simply more than one use on the property. There should be not only a fully integrated mix of uses but also a network of streets, sidewalks, and bicycle paths and an accommodation for present or ~ture use of transit. There should be both a vertical and horizontal integration of land uses, and the land uses should be of a type and nature that are appropriate and complementary to the area to be served. The DRI master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development. Council is available to assist the City in working with the developer of the property to ensure that the proposed development contains all the important components of good m/xed-use development. JEB BUSH GOVER.NOR Florl-da Department of Tranaport:ation OFFICE OF PLA~N,NING A~N'D E,NVIRO..~ ME,',,'TAL .MA,"Ln. GE.',IE.NT - DISTRICT 3.100 West Commercial Blvd.. 3'~ Floor. Ft. Laudcrdale. FI 33309-J42[ Telephone: (954) 7'~T-~601. ,:ax: (9.<,1) ~T"-a671 Toll Free Number. 1-166-336-.i435 October 2 I. 2002 Mr..[ames T. Snyder DKI Coordinator Treasure Coast Re~onal Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 EXHIBIT "F" THO.",IA$ F. I~ARRY..IR. SECRETARY Dear Mr. Snyder: SUBJECT: Motorola Development of Regioual Impact (DRI) City. of Boyntou Beach, Palm Beach County. Notificatiou of Proposed Cbauge (NOPC) This is in response to your letter dated August 7, 2002 (received September 25, 2002) regarding the Notification of Proposed Change (NOPC) tbr the Motorola Development or' Regional Impact (DP,.[). The Department has completed its review as summarized below. The blotorola DRI is located north of Boynton Beach Boulevard, south &Gateway Boulevard, east of Congress Avenue and west of Inter, tare 95 in the City of Boynton Beach, Palm Beach County, Florida. The blotorola DR.[ was originally approved on January 7, 1980, with an expiration date of 30 year~ from the date of its rendition. The original DR.[ development, however, was projected to be complete in Year 2000, as evidenced by the completion year of Phase m of the DRI. The development phases and intensity from the original DRI are ~ted in the following table: Phase ] Completion Year ] Development Square Feet [ 240.000 1981 [ Industrial Use/Offices ri 1990 Industrial Use/Offices III ! 2000 Offices TOTAL 385,000 200.000 825,000 In this NOPC, the applicant proposes the following change to the DRI: * Convert the remaining 250, 000 square feet ofindu~trial land-use entitlements for the propers, to 500 multi-familF residential units and 40. 000 square feet of commercial space. The Department offers the tbllowing comments regarding this NOPC and the accompanying traffic analysis: There are inconsistencies related to the proposed land-use plan denoted in Attachment 2 - Trip Generation Comparison, Exhibit "E" - Substantial Deviation Determination Chart, and Question No. 5 oithe NOPC. More specifically, Attachment 2 denotes 450,000 square feet &Office use while there is no Office use shown in Exhibit E. Further, E,,d'dbit E denotes 600,000 square feet of'Industrial use, and Attachment 2 shows none. Lastly, in NOPC Question No. 5 and Exhibit "E" 40,000 square feet of Commercial space is proposed; however, in Attachment 2, 63,.500 square feet of Commercial space is denoted. These discrepancies should be explained. EXHIBIT "F" Mr. Michaet W.'~umpf November 4, 2002 Page 3. Please call if you have any questions. Sincerely, · .,.~...z~ . / L.~ James T. Snyder DRI Coordinator cc: Ken Metcalf, FDCA R. Duke Woodson, Applicant Mr. James T. Snyder October_l. '~ 2002 Page 2 EXHIBIT "F" The calculation of the internal trips in Attachment 2 is incorrect. The applicant should use the procedure outlined in the [TE Trip Generation P[andbook (Chapter 7) to document how internal capture was calculated for this analysis. The internal capture summary sheets (matrix or "bubble alia=re'ams") should be included as an appendix. The analysis should be revised, accordingly. The pass-by trips should not exceed 10% of'adjacent street back~ound traffic dur/ng the peak hour or 25% of the project's external retail trips, whichever yields the lower number of' pass-by trips. The applicant did not demonstrate that these criteria have been met. Based on our review, the number of pass-by trips proposed in this analysis exceeds 25% of'the project's external retail trips, and is therefore unacceptable. Further, the applicant has incorrectly applied the pass-by rates to the Office and Self- Storage land uses. Pass-by credit may only be u~ed for retail trips. The analysis should be revised, accordingly. [n conclusion, the Motorola DRI N'OPC provided to the Department is not sufficient. The Department requests that the applicant address our comments so that we can complete our review of'the NOPC. please feel free to contact this office at (954) 7774601 should you have any questions. GS:kai/cw CC: Paul Damt- DCA Bob R. omig Gerry. O'Reilly John Krane Sincerely, District Planning ~[nd Environmental Engineer / -%. VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOI Vl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned ~n to City Clerk's Office [] December 3, 2002 [] December 17, 2002 November 18, 2002 (Noon) December 2, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 [] January 21,2003 NATURE OF AGENDA ITEM December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business - [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", Bid # 014-2110-03/KR, for an estimated annual expenditure of $ 200~000.00. CONTRACT PERIOD: JANUARY 1, 2003 TO DECEMBER 31, 2004 EXPLANATION: On November 21, 2002 Procurement Services received and tabulated one (1) proposal for this bid. Staffing Connections/Action Labor is the current contractor used by the cities of Pompano Beach, Homestead, and Palm Beach Gardens for their school crossing guard needs and was given favorable references. Staffing Connections/Action Labor will employ the fourteen (14) school crossing guards now employed by the City and provide fifteen (15) additional guards as needed throughout the school year. The tabulated prices for current employees indicate the billing rate to the City which include the individuals established pay rate. Michael Munro, Police Department, concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish a firm price for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations determined by the City. The bid specifications included a commitment to employ the School Crossing Guards currently employed by the City. The provisions of this bid award will allow for a two (2) one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: BUDGET ACCOUNT # Other Contractual Services 001-2110-5211-49-17 Deputy Director of Financial Servi ' ' ESTIMATED ANNUAL EXPENDITURE Procurement Services Department Name cc: Mike Munro, Police Department :~BULLETrNWORMS~AGENDA ITEM REQUEST FORM.DOC File City Attomeyg.~.n~/Human Resources RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOILIDA, APPROVING THE AWARD OF A BID (NO. 014-2110-03/KR) TO STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC, PROVIDING FOR SCHOOL CROSSING GUARDS, FOR AN ESTIMATED ANNUAL EXPENDITURE OF $200,000; AUTHORIZING EXECUTION OF A TWO YEAR CONTRACT FROM JANUARY 1, 2003 TO DECEMBER 3l, 2004; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of this bid is to establish a firm price for a two-year period, for the provision of School Crossing Guard Services n an "as needed basis" at designated times and various locations determined by the City; and WHEREAS, on November 21, 2002, Procurement Services received and tabulated one (1) proposal for this bid, which bid includes employment of the fourteen (14) school crossing guards now employed by the City and providing fifteen (15) additional guards as needed throughout the school year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for a two year contract for School Crossing Guard Services to Staffing Connections/Action Labor Management for an estimated annual expenditure of $200,000, and authorizing execution of the Contract which is attached hereto and made a part hereof. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO~Agreements\Bid Awards\Bid Award -School Crossing Guards.doc AGR~EEMENT BETWEEN THE CITY OF AND STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC FOR SCHOOL CROSSING GUARDS THIS AGREEMENT, made as of , 2002, by and between the City of , Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"), and STAFFING CONNECTION/ ACTION LABOR MANAGEMENT, LLC., a limited liability company. WITNESSETH: WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard program through an independent contractor agreement; and WHEREAS, STAFFING CONNECTION/ACTION LABOR is in the business of providing various labor forces, including, but not limited to school crossing guard services, with appropriate certifications, and WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into as a result of Request for Bid # 014-2110-03/KR issued by CITY, and the Proposal of STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC, dated November 20, 2002 (collectively the "Bid Documents"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: SCHOOL CROSSING GUARDS: STAFFING CONNECTION/ACTION LABOR shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the CITY School Crossing Guard Program in accordance with the specifications and the rates provided in the Bid Documents, copies of which are attached hereto and incorporated herein as Composite Exhibit "A". STAFFING CONNECTION/ACTION LABOR (hereinafter known as SCG) shall provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: (a) (b) number of guards and rate - See Composite Exhibit "A" number of supervisory personnel - See Composite Exhibit "A" The CITY reserves the right to require more or less crossing guard services upon three (3) days' written notice, specifying its needs. Schedule and locations of services are described in Composite Exhibit "A". DUTY-HOURS; DUTY LOCATIONS: STAFFING CONNECTION/ACTION LABOR shall provide the personnel described above during school hours and at all posts as deemed necessary by the School Board and the CITY. The CITY has the fight to change the duty hours, as well as duty locations, by written directive, which shall become effective on the date set forth in such written directive, provided that such date shall not be sooner than three (3) business days from the date of the written directive. o CONSIDERATION: STAFFING CONNECTION/ACTION LABOR shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in paragraph 1. STAFFING CONNECTION & ACTION LABOR shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations; All labor contract compliance, and all other charges. STAFFING CONNECTION/ACTION LABOR is being retained as an Independent Contractor and acknowledges this agreement does not create any employment relationship with the city. The CITY shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. STAFFING CONNECTION/ACTION LABOR acknowledges that the CITY is contracting for the full crossing guard services for the hours and at the described posts as stated in this Agreement. This Agreement requires that qualified personnel service be at each post during the prescribed post hours. 4. TRAINING AND SUPERVISION: STAFFING CONNECTION/ACTION LABOR shall be responsible for furnishing training and certification of each of the personnel set forth in Paragraph 1 (a). STAFFING CONNECTION/ACTION LABOR represents that it is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification shall perform services for the CITY hereunder by STAFFING CONNECTION/ACTION LABOR. STAFFING CONNECTION/ACTION LABOR shall have, at all times during the term hereof, at its ready disposal, backup personnel. The CITY shall pay the rate as set forth in Paragraph 1 for actual training and retraining of applicable personnel. STAFFING CONNECTION/ACTION LABOR shall provide the services as set forth in Composite Exhibit "A". o UNIFORM: The CITY will turn over all equipment after inventory to STAFFING CONNECTION/ACTION LABOR for continued usage throughout the term of this Agreement. All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties, all personnel shall dress in a clean and neat manner. STAFFING CONNECTION/ACTION LABOR will assume equipment replacement responsibility as needed. o COMPORTMENT; CHANGE OF PERSONNEL: At all times when such personnel are working in the CITY whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the CITY or STAFFING 2 CONNECTION/ACTION LABOR, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The CITY reserves the right to require the change of any personnel upon not less than three (3) business days' written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location of the post location. DUTY ROSTER: STAFFING CONNECTION/ACTION LABOR shall provide the CITY with the names of all personnel, and the location of such individual's post location. Such roster shall be provided on a weekly basis as of Friday of the week preceding. o TERM: This Agreement shall commence on the __ Day of 2002, and include the period from the Commencement Date through the last day of the academic school year according to the School District of Palm Beach County, Florida for the remaining part of the school year. The contract will be for two (2) years, with the option'to renew the contract, at the same terms and conditions, for a maximum of two (2) additional one year periods subject to vendor acceptance, and satisfactory performance, and determination that renewal will be in the best interest of the City. Option to renew should be provided in writing pursuant to the notice provision 30 days prior to end of the contract period. o BILLING: STAFFING CONNECTION/ACTION LABOR shall provide an invoice to the City no more frequently than one (1) time per month. Each invoice shall be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individual's employee time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours worked. 10. TERMINATION: Either party may terminate this Agreement on written notice, provided that the services hereunder shall not be terminated until thirty (30) days subsequent to the date of such written notice. 11. INSURANCE: STAFFING CONNECTION/ACTION LABOR shall provide liability insurance coverage, written with such insurance carriers as the CITY shall reasonably approve, for personal injury and property damage. Comprehensive General Liability Insurance must be written on the comprehensive form of policy. The policy must contain minimum limits of liability as follows or $1,000,000 Combined Single Limit; Bodily Injury of $1,000,000 and Property Damage of $500,000 each occurrence. Employer's Liability Insurance required $1,000,000, Workers Compensation Insurance statutory requirements. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and no less than "Class V" as to strength by the latest edition of Best's Insurance guide, published by A.M. Best Company, Olwick, New Jersey, or its equivalent, or the companies must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or 12. 13. 14. 15. 16. 17. 18. Appmyed to do Business in Florida," issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. All required policies of insurance shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the CITY by certified mail. STAFFING CONNECTION/ACTION LABOR shall submit prior to commencement of any work, a Certificate of Insurance showing the CITY as additional insured. INDEMNIFICATION: STAFFING CONNECTION/ACTION LABOR agrees to indemnify, defend and save harmless the CITY, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, caused by any negligent act or omission, misfeasance, or malfeasance of STAFFING CONNECTION/ACTION LABOR connected with the performance of this agreement, whether by act or omission of STAFFING CONNECTION/ACTION LABOR its agents, servants, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the CITY or its agents and employees. Nothing herein shall constitute a waiver by CITY of the protections, immunities, and limitations of liability afforded CITY under Section 768.28, Florida Statutes. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. CONSTRUCTION: This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Palm Beach County, Florida. JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporate herein by reference. NOTICES: Except as provided above, whenever either party desires to or must give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving notice in compliance with the provisions of this 4 paragr~h. For the present, the parties designate the following as the respective persons and places for giving of notice: CITY: CITY MANAGER 100 E. Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425 WITH A COPY TO: CITY ATTORNEY 100 E. Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425 STAFFING CONNECTION: Carole S. Greenich, Manager 1280 South Powerline Road, # 23 Pompano Beach, FL 33069 19. In the event of any conflict between any provisions this Agreement and any provisions in the exhibits hereto, the parties agree that the provisions of this agreement are controlling. (This space left intemional blank.) IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Attest: Mayor Approved as to Form: City Clerk Signed, sealed and witnessed in the presence of: City Attorney CONTRACTOR President or Vice President State of Florida County of Palm Beach ) ) SS: ) Attest as to CONTRACTOR On this day of , 20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: ATTEST: Notary Public 6 CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins '"' DATE: 11-26-2002 FILE: Depty Director of Finance SUBJECT: Crossing Guards Michael L. Munro REFERENCES: Bid # 008-2110-03/KR Police Department ~-g -~~ ENCLOSURES: FROM: Police department school crossing guards. With Staffing Connection being the only bid, please proceed with the award to Staffing Connection. Funding has been provided in account 001-2110-521-49-17 Other Contractual Services in the amount of $200,000. APPROVED DISAPPROVED DATE · -~ ~i© o~ '~>m m m m m m m'm m m rn'm m m m ~ ~ m m m mm m mmmm m mmmm ~ .< ~,,,.... ..- ..... ~]~ i'1"1 Z -- m C~.~I C~'n ~.,.-, 0 0 0 m :~0o o"0'12 ~0 m 0 0 ITl o ~o :~ ~"n Zm -- 0 o~C ~Z: ~> m~ ~ -- ~ ~ z~ ~~z Z~> ~Z m m ~ mumm o oo~ c~ ~ z ~ ~0 -om rn 0 0 0 Z -, ~' ---- ~ d ~ o g~ m (1> ~~ m . BIDDER ACICNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33425-0310 Telephone: (561) 742-6322 DemandStar Upload: October 23, 2002 Bid Title: "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" Bid Number: 014-2110-03/KR Bid Received By: NOVEMBER 21, 2002, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: November 21, 2002, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: c~ Area Code: qKqJe Marling Address: Cim'; State/Zip: Vendor Mailing Date: Telephone Number: q'lq'- ~ FAX Number: q'7'f -'7 -' Authorized Signature Name Typed l'lIIS PAGE TO BE S[rBMITrED ALONG SVITIt PROPOSAL 15 PROPOSAL BLANK "T%'O-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. When submitting more than one bid proposal price for this service, indicate how many individual ancL'or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver School Crossing Guard Services in accordance with the specifications for the hourly ram/per guard as follows (hourly rates listed for City employees effective October I. 2002): CITY OF BOYNTON BEACH PROPOSAL FOR FOURTEEN (14) SCHOOL CROSSING GUARDS CURRENTLY EMPLOYED BY CITY EMPLOYEE CURRENT RATE OF PAY BILLING RATE TO CITY Employee 'A' $11.05 PER HOUR $ I{o, ~8 PER HOUR Emvtovee 'B' $ 8.79 PER HOUR S IT. q7 PER HOUR Employee 'C' $ 9.15 PERHOUR $ I 3. ~'~ PERHOUR Employee 'D' (Double Post) $ 8.90 PER HOUR $ 1~.tS''- PER HOUR Empioyee 'E' $11.08 PER HOUR $ I(~- :~ PER HOUR Employee 'F' $ 8.47 PER HOUR $ t~. ~'.l'-' PER HOUR Employee 'G' $ 8.47 PER HOUR $ t~ .'~'~ PER HOUR Employee 'H' $ 8.14 PER HOUR S Il' q6~ PER HOUR Emt~lovee 'I' $10.80 PER HOUR $ /~'. 5~U'- PER HOUR Em~lo~ee'J' $ 8.47 PERHOUR S 11;1,~"' PERHOUR Employee 'K' (Double Post) $ 8.90 PER HOUR S 1 3. I,r"' PER HOUR Employee 'L' $ 8.14 PER HOUR $ Il' q(o PER HOUR Employee 'M' $ 8.14 PER HOUR $ [[. ~ PER HOUR Emr~lovee 'N' (Double Post) $ 8.14 PER HOUR S [[. ri'& PER HOUR ADDITIONAL FIFTEEN (15) SCHOOL CROSSING GUARDS REQUIRED NOT CURRENTLY EMPLOYED BY CITY ~t PERHOUR ~_PERGUARD S l'~.q PERHOUR PERGUARD 'I'IIIS PAGE TO BE SUBMITTED LN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT.-~BLE 16 Additional Guards (if requested) ~ S Il, ~:~'"'- hours al%r receipt of an order. 1 Number of Bid Proposals submitted Specification "check-oW' sheets (Pages 3-6) Submitted: Ye~/No Bidder's Qualifications Form submitted: ~. 5 Yes/No Copy of occupational license enclosed: Verification of school crossing guard training certificate: Schedule of Subcontractors submitted: Yes/No Yes/No Yes/No Blank contract agreement submitted: COM}PANY NAME __ HONE NUMBER SIGNATURE PRINTED NAME TITLE I'HIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE FO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 SPECIFICATIONS FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES The purpose of this bid is to establish a firm price, for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations determined by the City. Bid will include, but is not limited to a commitment to employ the School Crossing Guards currently employed by the City. The awarded contractor will be responsible for the supervision of such personnel in accordance with contract specifications. terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must subrmt specifications "check-off' sheets (Pages 3-6) with the proposal sheet in order for a bid to be considered. 'k Orders will be placed on an "AS NEEDED BASIS" to meet City usage requirements. Contractors shall specify the estimated response time necessary to get crews working after receipt of order. The response time should be your best estimate, as orders will be placed based on that information. Hourly charges offered and accepted must remain firm for the term of the contract. Contract shall provide the City with a list of names, and telephone numbers, and training dates of all guards, back-up guards, and field supervisors. Changes to the list are to be provided to the City as they occur. The Contractor shall employ persons who are neat, clean, well groomed, courteous and at least twenty-one (21) years of age and legally entitled to work in the United States. Persons employed by the Contractor shall meet the requirements of the Immigration Reform and Control Act of 1986. Contractor is required to mn a criminal background check on all employees contracted for assignment to the City of Boynton Beach. Eligible employees shall have no felony convictions. __ If requested by the City, Contractor agrees to remove any employee and substitute an acceptable person at that crossing post. Contractor is responsible for ensuring employees have completed all required training before being assigned to work as a crossing guard. ['HIS PAGE TO BE SUBMITTED t24 ORDER FOR PACICkGE I-0 BE CONSIDERED COMPLETE .kND ACCEPTABLE SPEC~ICATIONS cootmued .... Contractor must maintain a daily time sheet with the signature of the employee on each work shift and the location of their guard post. A copy of this log will be submitted weekly to the City. The City will accept invoices no more frequently than one (1) time per month. Each invoice shall be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individuals employee's time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours worked. TRAINING It shall be the responsibility of the Contractor to ensure that all persons employed as crossing guards receive and successfully complete proper training as required by law. The Contractor may perform the training with it's own staff if they are certified crossing guard trainers, or sub=contract for certified u-aining to meet thi~ requirement. Contractor shall submit verification of certified crossing guard tra~mers. Formal traimng of all crossing guards assigned to the City conWact shah be conducted as per the standards and guidelines established by the State of Florida Department of Transportation, in accordance with Section 316.75, Florida Statutes, known as the "Ramon Tumquest School Crossing Guard Act." Such tl'ajning shall be conducted by certified school crossing guard trainers, as required by the Florida Depm'tment of Transpor'cation; and consist of, at a minimum, Classroom Training and Field Training. The Contractor will provide at least one (1) traimng/re-trajning session per year, which shall be attended by all of the Conuactor's employees assigned to work on the City contract. Any additional training, such as ~xaining of new employees throughout the school year, will be the sole responsibility of the Contractor. SCHEDULE AND LOCATIONS OF SERVICE Currently, thirty-two (32) school crossing posts require coverage by the City of Boynton Beach. Fourteen (14) school crossing guards are employed by the City, three (3) of which work double posts. Fifteen (15) additional school crossing guards are now provided to the City through a temporary labor service. In total, thirty-two posts are covered by twenty-nine guards since three (3) work double posts. A designated City representative will keep the Contractor informed as to the exact number of school crossing guards that will be required at any one time. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE gP[ ~ :i-i( \FIONS c,~ntmucd The Contractor shall commit to employ the fourteen (14) school crossing guards now employed by the City of Boynton Beach. The City's current school crossing guards shall be paid the hourly rate of pay outlined on Proposal Page 17. and Contractor's proposal shall establish a billing rate to include this hourly rate of pay. The Contractor shall be required to provide school crossing guard coverage at the various locations included in the bid specifications. The City reserves the right to increase or decrease the number of crossing locations to be staffed. The Contractor shall be flexible and provide guards for the hours needed upon the instructions of appropriate City personnel. It is estimated that school crossing guard services will be required for a total of approximately 180 days per year. During summer school sessions, three (3) guards will be required for approximately 30 days. The Contractor will be responsible for obtaining the specific service dates required by obtaining the school schedule from the Palm Beach County Public School system. O..~he Contractor shall provide one (1) experienced field supervisor at all times to oversee the operations when guards are on duty. All supervisory personnel shall be certified school crossing guards. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required by the City. The Contractor shall provide each working guard with the name and telephone number of a back-up in case the working guard cannot be at his post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing locations. The Contractor shall provide for his employees a 24-hour answering service. In the event a guard cannot be at his assigned post and the field supervisor is not yet on duty, the guard shall first contact his back-up and then contact the service. This service will then contact the Contractor who will, in turrL, confirm that the back-up guard will be on duty at his assigned crossing. The Ci~ will provide the following list of equipment for each guard ONE TIME ONLY. Therea~er. it shall be the responsible of the Contractor to supply/replace items on this list which are aged, lost or damaged along with any other equipment necessary for the school crossing guards to perform their duties: Hand-held stop sign Fluorescent and retro-reflective safety vest Fluorescent orange gloves Metal whistle Contractor shall provide uniforms for all guards. Any required replacement of aged, lost or damaged uniforms shall be the responsibility of the Contractor. 7HIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE >;Pi ~ [! {(.\[ IOnS commucd. The Contractor will be required to provide school crossing guard setwice at additional locations as directed by the City,. The services, level of service, and hourly charge for services provided at additional locations must be equal to the service provided within the original agreement. The Contractor will provide a blank contract agreement for review. The City shall provide all information regarding the additional number of school crossing guards required as soon as possible. The City will work with the Contractor to develop a transition plan before the date expanded service will be required. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACtC-kGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SUPERVISORS PROVIDED PAGE 5- CONTRACTOR SHALL PROVIDE (1) EXPERIENCED FIELD SUPERVISOR AT ALL TIMES TO OVERSEE THE OPERATIONS WHEN GUARDS ARE ON DUTY. ALL SUPERVISORY PERSONNEL SHALL BE SCHOOL CROSSING GUARDS. iT WILL BE TIlE RESPONSIBILITY OF THE FIELD SUPERVISOR TO ENSURE THAT ALL CROSSINGS ARE PROPERLY STAFFED AT ALL TIMES SUCH STAFFING IS REQUIRED BY THE CITY. EXCEPTION: CONTRACTOR SHALL PROVIDE (2) EXPERIENCED FIELD SUPERVISORS AT ALL TIMES TO OVERSEE EVERY 15 GUARDS. ALL SUPERVISORS SHALL BE NOT ONLY CERTIFIED SCHOOL CROSSING GUARD BUT ALSO STATE CERTIFIED TRAINERS. IT IS THE RESPONSIBILITY OF THE FIELD SUPERVISORS TO ENSURE THAT ALL CROSSINGS ARE PROPERLY STAFFED AT ALL TIMES SUCH STAFFING IS REQUIRED BY THE CITY. REFERENCES FOR CAROLE GREENICH MANAGER AND BARBARA DAMICO RECRUITER-SCHOOL CROSSING GUARD DIVISION. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERHILL 2000 CITY HALL DRIVE LAUDERHILL, FL. 33313-0000 SGT. JOHN RHAMES 954-730-3010 FAX-954-730-3062 PROVIDE SERVICES FROM 8/28/99 TO PRESENT PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 SGT. TIMOTHY BRADSHAW 954-973-6730 FAX 954-973-6794 PROVIDE SERVICES FROM 8/28/00 TO PRESENT PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF POMPANO BEACH 1801 N.E. 6TM STREET POMPANO BEACH, FL. 33060 CAROL FOLAND 954-786-4185 FAX 954-786-4113 PROVIDE SERVICES FROM 8/28/92 TO PRESENT PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERDALE LAKES 4300 NW 36TM STREET LAUDERDALE LAKES, FL. 33319 CONNIE S. HULL 954-535-2711 FAX 954-733-5126 PROVIDE SERVICES FROM 10/1/99 TO PRESENT PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF TAMARAC 7525 NW 88TM AVENUE TAMARAC, FLORIDA 33321 DAVID OSTEEN 954-724-2450 FAX 954-724-2408 PROVIDE SERVICES FROM 8/28/99 TO PRESENT e PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF OAKLAND PARK PARKS AND RECREATION 3900 N.E. 3RI~ AVENUE OAKLAND PARK, FLORIDA 33334 LARRY FAGEN C.P.M. 954-561-6105 FAX 954-561-6232 PROVIDE SERVICES FROM 10/30/00 TO PRESENT PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF SUNRISE 10770 W. OAKLAND PARK BLVD. SUNRISE, FLORIDA 33357 MARSHA PETERSON, PURCHASING 954-572-2274 FAX 954-572-2278 PROVIDE SERVICES FROM 4/2/01 TO PRESENT Se PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF NORTH LAUDERDALE 701 SW 71sT AVENUE NORTH LAUDERDALE, FLORIDA 33068 TAKEN OVER BY BROWARD SHERIFF'S DEPARTMENT- TENTATIVE-SGT. WATKINS NEW CONTRACT EFFECTIVE 8/27/01 CITY MANAGER-MARK BATES 954-722-0900 PROVIDE SCHOOL CROSSING GUARD SERVICES LEE COUNTY SHERIFF'S OFFICE 14750 6 MILE CYPRESS PARKWAY FT. MYERS, FLORIDA 33912 LT. DENNIS BROOKS 941-477-1163 NEW CONTRACT EFFECTIVE 11/01/01 STAFFING CONNECTION TOOK OVER ON THAT DATE. THE FOLLOWING NEW CONTRACTS HAVE BEEN SECURED FOR THE 2002-2003 SCHOOL YEAR: 10. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF HOMESTEAD 790 N. HOMESTEAD BLVD. HOMESTEAD, FLORIDA 3303-6299 LYNN HOCKMUTH, HR DIRECTOR 305-247-1801 NEW CONTRACT EFFECTIVE 8/26/02 Il. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY 'OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL. 33004 MARY MCDONALD, HR DIRECTOR 954-924-3630 NEW CONTRACT EFFECTIVE 9/3/02 12. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL. 33435 SGT. STEWARD STEELE 561-742-6163 NEW CONTRACT EFFECTIVE 8/26/02 13. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL. 33410 LT. GLENN BROWN 561-799-4535 NEW CONTRACT EFFECTIVE 10/14/02 WE ARE CURRENTLY IN NEGOTIATIONS WITH 11 ADDITIONAL CITIES THROUGHOUT FLORIDA FOR SCHOOL CROSSING GUARD SERVICES. Boynton Beach Police Department Marshall B. Gage, F.B.I.N.A. 162NO Session Chief of Police 100 E. Boynton Beach Blvcl Boynton Beach, Flonda 33435 (561) 742-6100 (561) 742-6185 Fax Line Staffing Connection 1280 S. Powertine Road #22/23 Pompano Beach. Florida 33069 10/29/02 To xvhom it may concern: I have worked with your company for the past few months setting up crossing guards at locations throughout our city. Everyone I have dealt with has been very kind and very professional. I would recommend your company to anyone looking for a similar service. Thanks again for all your cooperation. Sergeant Stewart Steele . Traffic Division REFERENCES FOR THE CORPORATE OFFICE OF ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR OF FLORIDA, LLC A. ICA. STAFFING CONNECTION 900 OSCEOLA DRIVE, SUITE 222 WEST PALM BEACH, FL. 33409 PHONE 651-683-1211 FAX 561-683-3375 REFERENCES: CITY OF TALLAHASSEE 100 WEST VIRGINIA STREET TALLAHASSEE, FLORIDA 32301 850-891-6882 CURTIS WATKINS CITY OF MARY ESTER 195 CRRISTOBAL ROAD MARY ESTER, FLORIDA 32569 850-243-3566 LEE IFERS CITY OF PENSACOLA 180 GOVERNMENTAL CENTER PENSACOLA, FLORIDA 32501 850-595-.1466 STEVE WINECKI CITY OF RIVIERA BEACIt P.O. DRAWER 10682 RIVIERA BEACH, FL. 33404 561-845-4057 DONNA HOLDER CITY OF FT. PIERCE P.O. BOX 1480 FT. PIERCE, FL. 34950 561-460-2200 JUDITH NOONE EXPLANATION AS TO WHY STAFFING CONNECTION/ACTION LABOR IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF BOYNTON BEACH STAFFING CONNECTION/ACTION LABOR is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team o£ CAROLE S. GREENICH AND BARBARA DAM~CO, who currently handle (13) city contracts thi'oughout Broward, Dade, Palm Beach and Lee Counties. Both CAROLE GREEN[CH AND BARBARA DAM~CO are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Broward Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. STAFFING CONNECTION/ACTION LABOR has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open comers, where in a moments notice, a tragedy could occur. Accessibility to both CAROLE S. GREEN[CH and BARBARA DAMICO was extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls were answered quickly and whatever action needed to be taken, was done so swiffiy. As a matter of record, CAROLE GREEN[CH AND BARBARA DAMICO provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE, SLrNRISE, LEE COUNTY SHERIFF'S DEPARTMENT, PALM BEACH GARDENS, HOMESTEAD, DANIA BEACH AND BOYNTON BEACH. As of OCTOBER 2002, this division is in negotiations with 11 additional cities throughout Florida, for Crossing Guard Services. INFORMATION PERTINENT TO CONTRACT SERVICES FOR SCHOOL CROSSING GUARDS-THE CITY OF BO~'~'TON BEACH 1. WILL CURRENT GUARDS BE ABSORBED BY STAFFING CONNECTION/ACTION LABOR? All current guards will be given the first opportunity to remain and become employees of STAFFING CONNECTION AND ACTION LABOR. We would also value any input fi.om THE BOYNTON BEACH POLICE DEPARTMENT regarding exceptional guards that might be used in a supervisory capacity. 2. WHO WILL PROVIDE THE TRAINING OF THE GUARDS? CAROLE S. GREENICH, MANAGER AND BARBARA DAMICO, RECRUITMENT SPECIALIST, are Florida Department of Transportation Certified Crossing Guard Trainers, and conduct all formal training of new and present crossing guards. 3. WHO WOULD PROVIDE LIABILITY AND WORKMEN'S COMPENSATION UNSURANCE? STAFFING CONNECTION/ACTION LABOR will provide LIABILITY AND WORKMEN'S COMPENSATON as we do in other cities. THE CITY OF BOYNTON BEACH will be named as an additional insured. 4. IS THERE COVERAGE IN THE EVENT A GUARD DID NOT SHOW FOR A POST? A supervisor will be provided for all guards to report directly to. This allows STAFFING CONNECTION/ACTION LABOR to control on a day to day basis the attendance/punctuality of all guards. We will have at least five (5) substitutes available at all times and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and STAFFING CONNECTION/ACTION LABOR has a twenty-four hour answering service, in the event a guard has a problem during non-working hours. WHO WOULD THE CONTACT PERSON BE AT STAFFING CONNECTION/ACTION LABOR FOR PROBLEMS? CAROLE S.GREENICH AND BARBARA DAMICO. We currently receive support from either the Police Service Section or Code Enforcement from all contracted cities. We would expect a contact person from THE BOYNTON BEACH POLICE DEPARTMENT to be available for any needs that may arise. 6. WOULD SUMER SCHOOL COVERAGE BE PROVIDED? Currently all contracts cover summer school and would apply to IHE CITY OF BOYNTON BEACH, if applicable. 7. HOW WOULD THE PAY SCHEDULE WORK? All employees are paid on a weekly basis upon submission of a group time sheet by the supervisor. All time sheets must be into our office on Friday at 5:00 P.M. 8. WHAT WOULD BE THE BII,LING TERMS FOR THE CITY? STAFFING CONECTION/ACTION LABOR accounting department works very closely with each city on any invoicing problems that may occur. ALL INVOICES ARE BII,LED ON A WEEK1,Y BASIS AND PAYMENT IS EXPECTED AT LEAST TWICE A MONTH. Ail cities adhere to this schedule. 9. WHAT WOULD BE THE LENGTH OF THE CONTRACT? This would be up to the discretion of THE CITY OF BOYNTON BEACH. Contracts range from three years with two, one year renewals or one year with, two-three year renewals. STAFFING CONNECTION/ACTION LABOR was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making STAFFING CONNECTION/ACTION LABOR a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and exceptional Temporary Employee Benefits. STAFFING CONNECTION/ACTION LABOR has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote fair and honest employment practices. STAFFING CONNECTION/ACTION LABOR is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. STAFFING CONNECTION/ACTION LABOR believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. ACTION LABOR MANAGEMENT, LLC has over 16 years experience providing premier staffing services to a broad range of industries. The Company was founded by Karen Hoover in 1986 when she opened her first location in Gainesville, Florida. Since that time, offices have been opened throughout the southeast and in the Caribbean. The two service lines of the company are ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR primarily provides day laborers for the construction trades, but also places a number of unskilled, semi-skilled and skilled employees in longer term positions in a variety of industries and settings. STAFFING CONNECTION'S focus is to provide 1 to 100 or more workers for skill-specific assignments, as well as supervised teams for assembly, packaging, hospitality and other industries, where a vendor managed workforce proves cost-effective. The company's consistent pursuit to improve deliverables to clients has been a cornerstone of the success we've experienced in STAFFING CONNECTION'S School Crossing Guard (SCG) unit. Led by Carole Greenich, who has over a decade of experience and is a respected guardian over the safety of our children, SCG has become an active partner of many county and sheriff safety initiatives. She and others on her staff routinely visit with school principals and staff to review concerns or issues and speak directly with parents, teachers and children regarding safety procedures. Carole believes that this level of involvement is not a "Value- add;', rather a responsible role of SCG as part of the parmership created. On the following pages you'll find a list of initiatives and action steps to assure a successful transition to a professionally managed program for School crossing guards in the CITY OF BOYNTON BEACH. We look fov~vard to working with you and in return, begin to implement our recruitment, orientation and supervision procedures, whose single goal is the safety of our children. On-going... Promote a referral bonus program for SCG employees to help recruit new individuals for open positions. All employees will be offered a low cost, employee-paid health, dental, prescription and life insurance plan. All employees, upon reaching certain minimum hour requirements, will be awarded a vacation pay bonus by SCG. Training/operations... SCG will facilitate on going training. Sessions to be held weekly until all guards are trained, then as required for all new personnel hired. Carole Greenich and Barbara Damico are certified crossing g~_rard trainers. SCG will administer all necessary crossing guard regulatory forms and other paperwork as required by the State of Florida. After January 1, 2003, institute annual retraining course. Assure that all supervisors are State Certified by the Florida Department of Transportation. Each BOYNTON BEACH school crossing gnard, will be issued a STAFFING CONNECTION/SCG name tag to be worn while on their respective post assiL-,nment. An SCG Supervisor will be responsible for verifying all posts are covered each day and that all guards are on their posts for the required time period. An SCG Liaison manager will travel with the supervisor on a established periodic basis to each post to assure that policies and procedures are being followed. An SCG Liaison manager will meet with all ~OSSing guard supervisors weekly to verify accurate reporting of time and address any issues that have arisen. All SCG employees will be offered a vacation pay plan and reasonable priced employee paid health, dental and life insurance plan. All SCG employees will be covered by STAFFING CONNECTION'S liability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFING CONNECTION will: Obtain all names, addresses and phone numbers of full time and substitute school crossing guards. Create a welcoming letter and introduction package and mail to all names provided. Commit to an SCG office location for reception, registration, orientation and management of the BOYNTON BEACH school crossing guard program. Begin background and reference checks on all newly registered and hired guards. Ensure that all crossing guards have been trained to the "Florida School Crossing Guard Training Guidelines". Send letter of introduction to each school' s principal so a reference can be on hand for any teacher, parent or Resource Officer who wish to contact us. Prepare recruiting ads and flyers and make available at each school for those who might be interested in a school crossing guard position. Begin extensive recruiting campaign, including presentations at condo and hc)meowner's associations, local print advertising and use of other medium to assure a complete workforce is in place prior to the new school year. On your part... A primary contact person will need to be identified who can help with situations which require immediate attention. Use of existing equipment with inventory done by the BOYNTON BEACH DEPARTMENT. Replacement of new equipment will be at the expense of STAFFING CONNECTION. S PECIIrlCATIONS continued CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE GUARD LOCATION A.M. P.M. Congress at Middle School 08:15 - 09:00 03:45 - 04:30 Ocean Pkway & Miner Road 07:15 - 08:00 01:50 - 02:35 Ocean Pkwa¥ & N. Seacrest 07:00 - 07:45 02:00 - 02:45 Lawrence & Gateway 07:15 - 08:00 01:50 - 02:35 Congress at Middle School 08:15 - 09:00 03:45 - 04:30 Miner Road at School 07:15 - 08:00 01:45 - 02:30 Congress Ave & SR 804 08:15 -09:00 06:45 -04:30 Congress Ave & SR 804 08:15 - 09:00 03:45 - 04:30 N. Seacrest & NW 12'" Ave 07:15 -08:00 01:50 -02:35 Lawrence & Gateway 07:15 = 08:00 01:50 - 02:35 Seacrest & Woolbright 07:00 - 07:45 02:00 - 02:45 Old Boynton Rd & Congress 08:15 - 09:00 03:45 - 04:30 Citrus Blvd at school 07:25 - 08:10 01:45 - 02:30 NW 49 Street & NW 4'h Ave 07:15 -08:00 02:00 -02:45 BoFaton Bch Blvd & Seacrest 07:00 -07:45 02:15 -03:00 Old Bo.~nton & Congress 08:15 -09:00 03:45 -04:30 SW 10"' Ave & Seacrest 07:15 - 08:00 02:00 - 02:45 SW 10~h Ave & SW 3ra Street 07:15 -08:00 01:50 -02:35 Lawrence Rd in front of school 07:25 -08:10 02:00 -02:45 Hypoluxo Rd in front of school 07:15 - 08:00 01:45 - 02:30 Hylooluxo Rd in front of school 07:15 - 08:00 01:45 - 02:30 Hypoluxo Rd Bus Entrance 07:15 - 08:00 01:45 - 02:30 Hypoluxo Rd & Meadows Way 07:15 - 08:00 02:00 - 02:45 Hypoluxo Rd & Santaluces Blvd 07:15 -08:00 02:00- 02:45 Hypoluxo Rd & Lawrence Rd 07:15- 08:00 02:00- 02:45 Meadows Blvd & Meadows Way 07:15 -08:00 02:00 -02:45 Congress Ave in front of school 07:15 -08:00 01:45 -02:30 Congress Ave in front of school 07:15 - 08:00 01:45 - 02:30 Congress Ave & Golf Rd 07:15 -08:00 02:00 -02:45 Congress Ave & Golf Rd 07:15 -08:00 02:00 -02:45 Conl~ress Ave & SW 27~ Ave 07:15 -08:00 02:00 -02:45 Congress Ave & SW 25t~ Ave 07:15 -08:00 02:00 -02:45 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and subrmt the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information Name of Bidder: Business Address: 8. 9. 10. 11. When Organized: Where Incorporated: How many years have you been engaged in the contracting business under the present firm name? I q~:~.~_ General character of work performed by your compyny. ("I- l~ ~a2~l ~m~ [ lt.Cu~ Enclose evidence of possession of requi~d licenses ~or bminess pemits.- S~ ~~ Number of employees. ,~, l~ lx,~ e.2 ,... ~'¥~M~- x Background and experience of principal members of your personnel, including officers. Bonding capacity. Have you ever defaulted on a contract? If so, where and why'?* TillS PAGE TO BE SUBMITTED LW ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE A.'%'I) ACCEPT.aBLE 18 12. Project Experience $ Value Contact Name Phone # 13. 14. 15. Contracts on hand. * Largest monetary contract for services (include final cost). 1) 2) 3) ~j List all lawsuits or arbitrations to which you have been a party and which: * 1) arose from contractual obligations: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: this 20'*hday of By: ' Name: (written signature) (pnnted or t~Sp~d) THIS PAGE TO BE SUBMrrTED LN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 T~rls PAGE TO BE SUBMrl'FED IN ORDKR FOR PACKAGE TO BE CONSI~)ERED COMI~LETE AND ACCEI~ABLE NONCOLLUSION AFFIDAVIT OF PRIME BIDDER (Title) , being first duly sworn, deposes and says that: (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agree& directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) :.:.,~,~ :.: ~C~ION~ CC85~ ~-:~.~.~ ]u~ 15, Subscribed and sworn to bCfor~ m~ My commission expires The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of th, e-bidder or any of its agents, representatives, owners, employees, or partie_s in interest, incl{~ding this affiant. TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL L~ ORDER FOR PAClC:~GE TO BE CONSIDERED COM. PLETE .-MN-I) ACCEPTABLE 21 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. '~NAME- SIGNATURE Sworn and subscribed before me this t c!'~'~' day of 51,0 ~e r~t>q f NOTARY PUBLIC, State of Florida ~) at Large ,20 Printed Iiifarmation: { .C"-- NAME. TITLE COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Eh' ORDER FOR PACIC-~GE TO BE CONSIDERED COMPLETE A_ND ACCEPTABLE 22 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and infomaation. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN BLACK HISPANIC WOMEN OTHER (sp~ify) Do you possess a Certification qualifying your business az a "Minority Owned Business"?. YES NO ~ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMrrrED ALONG WITH PROPOSAL 23 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (i), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occumng in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who .is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to si~n the statement, I certify that thi~..,firm co ly w~th the above requirements. ~-~- ~qendor's S(gnature / TI~IS PAGE TO BE SUBMITFED ALONG WlTl:l PROPOSAL L-N ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Z Z~ ©© STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and remm this form to: PROCUREMENT SERVICES, City of Boynton Beach. 100 E. Boynton Beach Boulevard, P.O. Box 310. Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid #014-2110-03/KR for "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBM1TTENG A BID. PLEASE COMPLETE FORM .*ND RETURN' TO PROCUREMENT SERVICES <-~,~.= ,~mmmmmm m 401-280/AC 25-061 :,-I RENEWAL ;'~ NEW DATE BUSINESS OPENED STATE OR COUNTY CERT/REG ~Ju$iness Location Address: ,."i !_,,.,~ 'Di~i:;:',.~:',,L.C THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. FOR PERIOD OCTOBER ~, 2002 THRU ~EPTEMBER 30, 2003 TRANSFER SEC BACK ~ ' '~ t'~' { T. C. FEE TRANSFER RENEW ON OR BEFORE SEPTEMBER 30. 2003 PENALTIES IF PAiD OCT. - 10% NOV. - 15% °DEC.-20% I*AfterOEC'31'25%~ · Plus Tax Collection Fee of up to $25.00 Based on Cost of L~cense if Pal<3 J On or After November 30.2002 J ACCOU~NUMBER B~j~j~l~p~D L 'TYPE OF LICENSE TAX PAID COUNTY,.- ~:,, ,'",y~,~;u ~- ~'~-".~'~;I-: ':,i:~'' '.::" ": ..... .-,, ' ' ' "'~' """" 2 :2, N]'; !if B.OWA.O co . c o.2002 ' 2003 115 S. Andrews Avenue, Governmental Center Annex PAYMENT RECEIVED AS VALIDATED ABOVE *SEE BACK FOR TRANSFER INFORMATION FORT LAUDERDALE, FL 33301 -'!q&'.:':{;,COgOO C(3O{JO0:~.;."5,0(; 000t300,!!"2270t30707~' !t30! {:~ ACTION PLAN FOR CROSSING GUARDS FOR BOYNTON BEACH UPON NOTIFICATION OF CONTRACT: A) Obtain from BOYNTON BEACH POLICE DEPARTMENT (if not a current client) names, address's and phone numbers of all School Crossing Guards and substitute School Crossing Guards. B) C) Notify all BOYNTON BEACH POLICE DEPARTMENT Crossing Guards to set appointments for registration with STAFFING CONNECTION/ACTION LABOR GUARD DIVISION. Do background and reference checks on all newly registered School Crossing Guards hired through STAFFING CONNECTION AND ACTION LABOR. o) Recruit within BOYNTON BEACH at home owner associations, local organizations and advertise in local publications for School Crossing Guards. E) A bonus program is available to all School Crossing Guards who refer individuals for open post positions-S25.00 after a new guard has worked a total of 40 hours. SCHOOL CROSSING GUARD TRAINING: A) Ensure that all School Crossing Guards have been trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. 1) Facilitate School Crossing Guard Training as req.uired by "Florida School Crossing Guard Training Guidelines", sessions to be held weekly until all guards are trained. 2) 3) Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis." After January 1st institute School Crossing Guard annual retraining course to ensure all School Crossing Guards are retrained. B) All School Crossing Guard Supervisors must be State Certified by the Florida Department of Transportation. NOTIFICATION TO SCHOOLS: A) Send letter of introduction/notification to each school principal, advising who the contact person is at STAFFING CONNECTION/ACTION LABOR. This will serve as a reference for the School Resource Officer or any parent wishing to contact our office. Leave fliers at the school office and or article in school newspaper for recruitment of parents as School Crossing Guards. SCHOOL CROSSING GUARD MAINTENANCE: A) B) C) Each BOYNTON BEACH School Crossing Guard will be issued an STAFFING CONNECTION/ACTION LABOR name tag, which must be worn while on their respective post assignment. The School Crossing Guard Supervisor will be responsible to verify the covering of all posts each day and that the School Crossing Guards are on their posts for the required time frame. A STAFFING CONNECTION/ACTION LABOR School Crossing Guard Liaison will travel with the supervisor on a periodic schedule, to ensure that policies and procedures for School Crossing Guards are being met. A STAFFING CONNECTION/ACTION LABOR School Crossing Guard Liaison will meet with the Crossing Guard Supervisor on a weekly basis, to verify time is being reported correctly and be proactive to any situations that may arise. ADVANTAGES TO USING STAFFING CONNECTION: 1) UNIQUE RECRUITMENT SKILLS MAKING STAFFING EACH POST A REALITY. 2) MANDATORY TRAINING DONE ACCORDING TO "FL. SCHOOL CROSSING GUARD GUIDELINES" BY OUR CERTIFIED STAFF. POST OBSERVATIONS DONE AS WELL AS ALL PAPER WORK COMPLETED AND SENT TO THE STATE. WEEKLY TRAINING CLASS'S HELD FOR NEW RECRUITS. 3) DAILy MAI'NTEN~CE OF ALL GUARDS 4) 24 HOUR ANSWERING SERVICE WITH A TOLL FREE NUMBER. 5) BACKGROUND CHECKS ON ALL NEW EMPLOYEES 6) PAYROLL AND END OF YEAR DISTRIBUTION OF TAX STATEMENTS 7) ALL GUARDS COVERED BY STAFFING CONNECTION LIABILITY AND WORKMEN'S COMPENSATION. 8) STATE CERTIFIED SUPERVISORS 9) WEEKLY PAYROLL WITH BENEFITS FOR SCHOOL CROSSING GUARDS. MEETING REQUIREMENTS: EQUIPMENT: STAFFING CONNECTION/ACTION LABOR DOES NOT PROVIDE INITIAL EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE BOYNTON BEACH POLICE DEPARTMENT. SUPERVISORS: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR ADDITIONAL HOURS A DAY AND THE GUARDS WILL BE PAID FOR ACTUAL HOURS WORKED PER DAY. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO STAFFING CONNECTION/ACTION LABOR AND ARE WORTH HIS/HER WEIGHT IN GOLD. WE CURRENTLY HAVE 19 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. SUBSTITUTIONS: STAFFING CONNECTION/ACTION LABOR WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIMES, TO FILL IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAIl.ED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. BADGES: STAFFING CONNECTION/ACTION LABOR CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO TI-]2EY ARE TO THE CI471.DREN, PARENTS AND TEACHERS, Wt-IILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY STAFFING CONNECTION/ACTION LABOR LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. TRAINING: ALL TRAINING WILL BE DONE BY CAROLE GREEN'ICH AND BARBARA DAMICO CERTIFIED CROSSING GUARD TRAINERS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THE~ OWN TRAINING ACCORDING TO STATE REQUIRERS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY STAFFING CONNECTION/ACTION LABOR. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. NAME OFJ~D: TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICL~ BID DATE: NOVEMBER 21, 2002 BID TIME: o.2:30 P.M. (LOCAL TIME) BID #: 014-2110-03/KR STATEMENT OF "NO BIDS" LISTING VENDOR REASON DSI SECUR/TY SERVICES P.O. BOX 7163 DOTHAN ALABAMA 36302 OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. NO LOCAL OFFICE IN BOY'NTON BEACH TO OFFER "AS NEEDED BASIS" SERVICES. VII.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.1. AGENDA ITEM REQUEST Requested City. Commission Meeting Dates [] December 3. 2002 [] December 17. 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Tamed m to City Clerk's Office Noxember 18. 2002 (Noon) December 2. 2002 (Noon) December 16, 2002 (Noon) January 6. 2003 (Noon.) Requested City Commission Meeting Dates [] February 4. 2003 [] February 18, 2003 [] March 4, 2003 [] March 18. 2003 Date Final Form Must be Turned m to City Clerk's Office January 21,2003 tNoom February 3, 2003 (Noon) February. 18, 2003 (Noonl March 3, 2003 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to ratify the Collective Bargaining Agreement between the City and Boynton'13eacN. ' International Association of Fire Fighters, IAFF Local 1891. '"' : EXPLANATION: This is a three-year agreement effective October 1, 2002 through September30, 2005. c, , i.-_.° PROGRAM IMPACT: This contract ensures reasonable salary and benefits in a long-term agreement. Recruitment and retention issues are addressed. This contract contains no automatic re-openers. FISCAL IMPACT: This three-year contract provides that the firefighters will receive up to 5% per year performance increase in salary. The salary structure includes a 3% per year market adjustment. The pay grade changes (salary) are based upon comparable average fire fighter salaries in Palm Beach and Broward Counties. Ihe first year total cost for salaries and additional insurance benefits is $274,158. This amount would be funded from the City Salary account #001-2210-522-12-10 and City Hall Budget Variance account #001-121 I-512-99-12. ALTERNATIVES: Do not ratify this agreement. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:,BULLETIN'FORMS'.AGENDA ITEM REQUEST FORM.DOC .i RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLOKIDA, RATIFYING THE 2002-2005 COLLECTWE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS. LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL- CIO, CLC; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City and the Boynton Beach Association of Fire Fighters. Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC have been diligently negotiating a collective bargaining agreement; and WHEREAS, the Boynton Beach Association of Fire Fighters, Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC have ratified the attached Collective Bargmmng Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Comrmssion of the City of Boynton Beach, Florida does hereby ratify the 2002-2005 Collective Bargaining Agreement between the City of Boynton Beach and the Boynton Beach Association of Fire Fighters, Local 1891 of the Ntemational Association of Fire Fighters, AFL-CIO, CLC, a copy of which is attached hereto and made a part hereofi Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor cornrmssioner ATTEST: comrmssioner comrmssioner City Clerk City Position: Leave Paramedic Incentive as is. language referring to EMT pay. OUTCOME: City Position. Eliminate current transitional Article 27 - Licenses and Registration Fees - No change. Article 28 - Seniority List - No change. Article 29 - Vacancies and Promotions - Language (Section 1) included relating to filling vacancies (testing process) including information that will appear on notices, time requirements, eligibility lists, Rule of Threes, and seniority points. Section 1 (E) is language that was previously Article 30, Reference Material. Union Position: Provide language relating to promotional exams (i.e. notices, selection, "rule of three", etc. · City Position: Address currenltpractice regarding promotional testing, including information that will appear on notices, time requirements, eligibility lists, "rule of three", and seniority points, but not' in union contract. Clarifying language for promotional testing can be included in another area. Delete Article 30, Reference Material~ in its entirety and add to Article 29 as noted. OUTCOME: Article 29 remai6s unchanged (City Position). Information relating to specific promotional testing criteria has been added to Career Ladder document Union and City language acceptable). Previous Article 30 deleted and added to promotional criteria addressed in Career Ladder. Article 30 - Longevity - New article with language that is consistent with longevity in current Personnel Policy Manual (pPM). NEW ARTICLE (Previously Reference Material) (Acceptable) Article 31 - Bulletin Boards - No change. Article 32 - Notification and Distribution - No change. Article 33 - Grievance Procedure,:- No change. A "flow-sheet" that will clearly identify each step of this process is being formulated and, while not becoming a part of the contract, will serve as a quick-re."~e, rence guide. OUTCOME: No change. Article 34 - Prevailing Rights N° change. Article 35 - Savings Clause - bio change. Article 36 - Appendices, Amendments, and Additions - No change. Article 37 - Successors - No cha~ge. Article 38 - Compensatory Time - No change. 2002-2005CONTRACT SUMMARY 5 REVISED NOVEMBER 19, 2002 Article 39 :'-Management Rights - No.change. Article 40 - Duration - Date change from 2002 until 2005 (update only). DATE CHANGE ONLY. NOTES: THERE ARE NOW FIVE (5) ADDENDA. THEY HAVE BEEN RE-ORDERED TO CORRESPOND TO THE ARTICLE REFERENCED IN THE CONTRACT.. ADDENDUM "A" ADDENDUM "B" ADDENDUM "C" ADDENDUM "D" ADDENDUM "E" POST-A~CIDENT DRUG AND ALCOHOL TESTING PROCEDURE (REFERRED TO IN ARTICLE 12, GROUP INSURANCE) WAGES (ADJUSTING STARTING SALARIES) (REFERRED TO IN ARTICLE 14, WAGES) WAGES (YEAR-TO-YEAR CONTRACT CHANGES) (REFERRED TO IN ARTICLE 14, WAGES) TUITION REIMBURSEMENT PROGRAM (REFERRED TO IN ARTICLE 24 EDUCATION) CAREER LADDER (REFERRED TO IN ARTICLE 29, VACANCIES AND PROMOTIONS) THERE REMAINS ONE LETTER OF UNDERSTANDING REGARDING THE CARRYOVER OF OPERATIONAL FIRE INSPECTORS. BOTH HAVE MAINTAINED THEIR CERTIFICATIONS ARE AVAILABLE TO BE USED IN THIS CAPACITY. THIS LETTER HAS SIMPLY BE RE-DATED AND APPLIED AS IT WAS DURING THE PREVIOUS CONTRACT. THERE ARE NO RE-OPENERS IN THIS AGREEMENT. 2002-2005CONTRACT SUMMARY REVISED NOVEMBER 19, 2002 6 responsibil!ties. Longevity article requested that would be paid annually per employee. 'Keep evaluation date based on anniversary date. City Position: Reasonable salary, adjustments consistent with other departments for recruiting and retention purposes. Salary adjustments each of three years of contact. No change to Paramedic arid Technical Rescue incentives. If longevity is considered, City suggests that the Izongevity Article be the same as that provided in the City's Personnel Policy M~nual. which does not pay annually, but on a five-year basis. Move evaluation date to April 1 of each year consistent with other city employees. Recruitment and Retention issues to be addressed. OUTCOME: Salaries of agreed-upon comparable cities evaluated and confirmed. Salary ranges for three yearsare, reflected in the contract with a market adjustment of 3% on October 1, 2002, 2003,~ and 2004. A salary structure has been developed to ensure that compaction and/0r."!eap-frogging" does not take place. This plan also places all union employees at fhe mid-level of the average of the comparison cities throughout the term of the agreement (3 years). Recruitment and retention issues are satisfactorily addressed. Incentive pay for Paramedic and Technical Rescue certification remains unchanged (City Position). Two salary addendums will be attached for reference. A transition formula to a common performance evaluation date (April 1) is provided (City.Position). Employees are eligible to receive a wage adjustment of up to 5% based on their April 1, 2003, 2004, and 2005 performance evaluation. Article 15 - Overtime and Call Back - Clean-up language only. No change. Article 16 - Exchange Time - N/5 change. Article 17 - Sick Leave - No ch .ang.e. Article 18 - Compassionate Leave - Add language to include foster-child, brother-in-law, sister-in-law, spouses' grandparentS. Union and City language acceptable. Article 19 - Vacation - Eliminate e~isting Plan A/Plan B formula for one blended vacation structure. This change iS being made to simplify the process in the interest of fairness, and recognizes the unique aspect of public safety employees working on a 24 on, 48 off schedule. (FYI - a firefighter works 2,496 hours/year (based on 48 hour work week) vs. 2,080 hours/year (based:on 40 hour work week) for all other employees. This equates to 10.4 weeks more/year). Section 2 changed to reflect a transition process for selecting vacation time from a calendar year schedule to a fiscal year schedule. Union Position: Eliminate two=tier vacation schedule. Use first of two tiers. Add provision for transition into vacation bidding process in synch with the October- September vacation accrual dates. City Position: Develop a "blended" single tier vacation schedule. Add language to avoid problems associated with. v. acation bidding. 3 2002-2005CONTRACT SUMMARY REVISED NOVEMBER 19, 2002 ', OUTCOME: A "blended" si6gle-tier system is provided, eliminating existing two- tier system.: Union and City language is acceptable concerning bidding transition. Article 20 - Personal Time - No'change. Article 21 - Holidays - No change. Article 22 - Court Time - Add langhage (Section 1) changing the minimum hours of pay from two to three. Add language (Section 3) providing for compensation for "standby" time. Union Position: Four hours minimum pay for court time (currently two) with provision to include travel time. Provide a provision for stand-by time. City Position: Change minimum from two to three hours, not to include travel time. Provide provision for stand-by time. Both changes are consistent with current provisions for PD. OUTCOME: City position is,acceptable. Article 23 - Working Out of Classification (OOC) - Five percent OOC pay remain intact except that FFIII's working as Lieutenants will receive 8% OOC reflecting the higher salary gap between Firefighters and Lieutenants. Removal of antiquated language.' relating to out-of-class pay only in instances where the affected employee was required to complete six shifts in order to be compensated for OOC. : · Union Position: 1) The increase to 8% correlates with officer (Lieutenant) salary increase provided this contact.' Other OtC position remain at current 5%. 2) Eliminate existing language r~'ferring to minimum number of shifts an employee must work OtC before OtC compensation kicks in. 3) A third issue relates to the OT pay an employee receives when working OtC. They are paid OT at their present rank as opposed to the. rank that they are assuming. City Position: Regarding the minimum number of shifts required to receive OtC pay, this language is antiquated and near impossible to track. OtC is an advantage to the City as it avoids OT on a regular basis. Step-ups are routine, overtime is avoided, and shifts are covered. All existing FF3's and LT's do not apply. Increased cost only applies if"new" FF3's and LT's work OtC. City recommends that the second issue be clarified, and resolved (i.e. when a FF3 on OT works as a LT the 5% OtC pay should be based on the Lieutenant OT pay, not on their FF3 pay. OUTCOME: Union and City .language acceptable. Article 24 - Education - No change. Article 25 - Educational Incentive - No change. Article 26 - Medical Certification - Eliminate language (Section 3) relating to EMT incentive, an issue that was addressed in previous contract and which no longer applies. Union Position: Increase Paramedic Incentive (Amount TBD) 2002-2005CONTRACT SUMMARY REVISED NOVEMBER 19, 2002 4 BOYNTON BEACH FIRE RESCUE DEPARTMENT cITY/UNION LOCAL 1891 CONTRACT NEGOTIATIONS ACTIVITY SUMMARY (OCT2002 - SEPT2005) Three-Year Agreement - October 1, 2002 through September 30, 2005 Cover Page and Preamble changed to reflect correct name of Union. Article 1 - Recognition - No change. ' Union Position: Remove Battalion Chief position from list of exclusions, thereby including this position in collective bargaining. City Position: The position of Battalion Chief should remain an exempt position for the purpose of collective bargaining, This issue can be reviewed in the next contract. OUTCOME: City Position. Article 2 - Discrimination - Second sentence eliminated as unnecessary due to State and Federal language regarding discrimination. Article 3 - Payroll Deduction of Dues.- No change. Article 4 - Union Business - New language in place regarding donated hours. Union members will now be able to donate hours into a "pool of time" to be used by Union officials to attend meetings, etc. The .use of the donated hours kicks in after the 10 shifts, as identified in Section 1, are exhausted. Union and City language acceptable. Article 5 - Representation of the Union - No change. Article 6 - Representation of the Clty- No change. Article 7 - Rules and Regulations 2 No change. Union Position: Standard Operating Guideline (SOG) review process same as Rules and Regulations. City Position: SOG review pr6cess should not be contractually provided. OUTCOME: City position. Issued.resolved administratively through labor- management team. Article 8 - Hours of Work - No Change (except for minor housekeeping change). Union proposal to revert to 42 hour (24 on/72 off schedule. City's position is that the City is unwilling to reduce the hours at.this time, but will keep an open mind to discuss this during the next contract, based on further research, comparison studies, etc. Union Position: Move from a'48 hour workweek to a 42 hour workweek. City Position: Recommend th'at work hours remain unchanged. Suggest that this issue be analyzed for cost and efficiency pending further study and comparison for 2005 contract. Union change would require a minimum of 12 new personnel. OUTCOME: City position. 2002-2005CONTRACT SUMMARY REVISED NOVEMBER 19, 2002 Article 9 - Working Conditions - No change. Article 10 - Uniforms and Safety Equipment - Add shorts, Class "A" dress tie, and Class "A"dress shoes. Union and City language acceptable regarding additions to uniforms. City Position: Referring to uniform distribution/allotment, change language to read "as-needed" instead of "each contract year" (Acceptable). Article 11 - Physical Exam and' Immunization - No change. Union Position: More responsiveness from City regarding influenza vaccination. City Position: Recommended change should not be contractually mandated. OUTCOME: City Position. Issue resolved administratively through labor- management team. Article 12 - Group Insurance - Addendum "C" (New Drug-Free Workplace language agreed upon during mid-contraci r. eopener) referenced in Section 5(B). This addendum has been included in the final packet..' Union Position: Section I(A) will read as follows: The employee cost of all insurance premiums for the citY's principal medical insurance shall be borne by the City and $0% dependent coveral~e. Section I(B) will read: If health insurance costs raise by more than 10% for dependent coverage, the crv agrees to bargain the impact to the employees. Another issue is that of incori~orating the $3,600.00 (see Section 2) for the city to purchase additional insurance and simply raisintl the $10~000.00 amount currently I~.r0vid. ed~ instead of making this a "side issue". City Position: Keep Section l:as':is currently provided. Insert new language relating to Post-Accident Drug and .Alcohol Testing that was approved during intervening re-opener sessiom. OUTCOME: Section I remains unchanged (City Position). Section 2 changed to reflect automatic additional Iffe~ i~surance at the same cost as provided previously as a "side Issue" (Union Position)'.'. Article 13 - Operator's Insurance -No change. Article 14 - Wages - Comparison Cities were evaluated and confirmed. Salary ranges for tlxree years are reflected in the.contract with a market adjustment of 3% on October 1, 2002, 2003, and 2004. A salary'structure has been developed to insure that compaction and/or "leap-frogging" does not ~e place. This plan also places all union employees at the mid level of the average of the .comparison cities throughout the term of the agreement (3 years). Recruitment' and retention issues have been addressed. Incentive pay for Paramedic certification and Technical Rescue certification remains unchanged. Two salary addendum's will be attached for reference. A transition formula to a commoniApril 1) performance evaluation date is provided. Employees are eligible to receive a~wage adjustment of up to 5% based on their annual performance evaluation. Union Position: Salary commensurate with comparable departments. Increase salary range 00%) for Lieutenants and Captains consistent with additional 2002-2005CONTRACT SUMMARY REVISED NOVEMBER 19, 2002 October1,2002- September 30, 2005 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC FINAL DRAFT PENDING RATIFICATION BY UNION & COMMISSION. Ratified by Union Ratified by Commission Final 11/21/02 IAFF CITY Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l$ 16 17 18 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TABLE OF CONTENTS Title Pa,qe Preamble ................................................. 1 Recognition .................................................... 2 Discrimination ................................................ 3 Payroll Deduction of Dues ............................... 4 Union Business ............................................... 5 Representation of the Union ............................ 7 Representation of the City .............................. 8 Rules and Regulations .................................... 9 Hours of Work ................................................ 10 Working Conditions ........................................ 11 Uniforms and Safety Equipment ...................... 12 Physical Exams & Immunizations .................... 15 Group Insurance/Drug-Free Workplace ............ 17 Operator's Insurance ...................................... 20 Wages ...................................................... 21 Overtime and Call back ................................... 28 Exchange Time ............................................... 29 Sick Leave .................................................... 30 Compassionate Leave .................................... 34 Vacation ......................................................... 35 Personal Time ................................................. 38 Holidays .......................................................... 39 Court Time ..................................................... 41 Working Out of Classification .......................... 43 Education ...................................................... 44 Educational Incentive ...................................... 45 Medical Certification ....................................... 46 Licenses & Registration Fees .......................... 47 Seniority List ................................................... 48 Vacancies and Promotions .............................. 50 Longevity ..................................................... 51 Bulletin Boards ............................................... 52 Notification and Distribution ......................... 53 Grievance Procedure ...................................... 54 Prevailing Rights ............................................ 57 Savings Clause .............................................. 58 Appendices, Amendments & Additions ............. 59 Successors .................................................... 60 Compensatory Time ................................... 61 Management Rights .................................... 62 Duration ...................................................... 64 Signature Page ............................................ 65 ADDENDA ADDENDUM "A" Post Accident Drug and Alcohol Testing Policy Page 66 ADDENDUM ."B" Salary-Oct 1,2002 Page 70 ADDENDUM "C" 2002 - 2005 Wage adjustment Page 72 ADDENDUM "D" Tuition Refund Program/Rules Page 75 ADDENDUM "E" Career Ladder and Promotional Criteria Page 83 Final 11/21/02 PREAMBLE Section 1. This Agreement is entered into by and between the City of Boynton Beach, hereinafter referred to as the "City", and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891, of the International Association of Fire Fighters, hereinafter referred to as the "Union". Section 2. It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may adse and to establish proper standards of wages, hours and other conditions of employment. 2002-2005 1 IAFF ~ CITY~~~ ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of the Fire Rescue Department except Chief of the Department, Deputy Chiefs, Battalion Chiefs, Fire Inspectors, Fire Marshal and clerical personnel. Section 2. This recognition will be for the purpose of bargaining with the City with respect to wages, hours of work, and all other terms and conditions of employment. ARTICLE 2 DISCRIMINATION The City agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union. 3 2002-2005 IAFF ~-~ CITY ARTICLE 3 PAYROLL DEDUCTION OF DUES Section 1. The City agrees to deduct, once each pay period, dues and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month, by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100.00 per contract year. Section 2. Any employee may revoke his/her dues deduction by going to the Union Treasurer and requesting such. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 4 2002 -2005 IAFF CITY ARTICLE 4 UNION BUSINESS Section 1. Up to two officers of the Union or their designees shall be granted time off without loss of pay to attend Union functions, not to exceed ten (10) shift days per contract year, provided it does not affect the operation of the Fire Rescue Department. Five of the ten shift days (24 hours) may be used in 2 to 12 hour increments provided the leave is approved by the Shift Commander no later than the preceding corresponding shift. Section 2. Between March 1 and March 15, 2003 and between September 1 and September 15 of each subsequent year, bargaining unit members shall be permitted to donate hours of accrued vacation or comp time to be banked and subsequently used to permit designated union representatives to attend Union functions. Donations to this Union Time Bank shall be made by any bargaining unit member on a voluntary basis and on a designated submittal form. All donated time will be calculated, banked, and distributed on an hour-to-hour basis. An accurate list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the Deputy Chief of Operations. Only those employees donating time shall be eligible to work in the absence of a Union Representative who is benefiting from this article. It shall be the Union's responsibility to coordinate with Management the provision of coverage and replacement of Union Representatives attending an approved 5 2002-2005 IAFF function. Section 3. All requests to use this time are subject to daily staffing requirements and must be approved by the Shift Commander not later than the preceding corresponding shift. As identified in Section 1, up to two Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off described in this section. 2002-2005 IAFF 6 ARTICLE 5 REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. The President of the Union, or the person or persons designated by said President shall have full authority to conclude a collective bargaining agreement on behalf of the Union subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 2002-2005 IAFF 7 ARTICLE 6 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate an agreement on behalf of the City. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. 8 2002-2005 IAFF i~''~ CITY ARTICLE 7 RULES AND REGULATIONS Section 1. The Union agrees that its members shall comply with all Fire Rescue Department rules and regulations, including those relating to conduct and work performance. Section 2. The City may adopt, change and modify rules and safety regulations necessary for the safe, orderly and efficient operation of the Fire Rescue Department as provided in this Article. Section 3. A Committee on Rules and Regulations shall be established for the Fire Rescue Department. This Committee shall be comprised of six (6) members, three (3) appointed by the City and three (3) appointed by the Union. This committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet at least quarterly. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar days pdor notice, absent any emergency, before the effective date. ARTICLE 8 HOURS OF WORK Section 1. All employees covered under this Agreement presently working a 40-hour workweek shall be scheduled 40 hours per week upon agreement between the Union and Fire Chief. Section 2. All shift employees covered under this Agreement shall work a 48- hour workweek, i.e., 24 hours on duty, 48 hours off duty with a 24-hour shift "Kelly Day" off duty every three (3) weeks. The twenty-four (24) hours on duty will be from 7:30 a.m. to 7:30 a.m. the following day. Section 3. It is agreed that neither the Union nor the City will propose for negotiations a reduction or increase in the 48-hour workweek for a period of time corresponding to the term of this Agreement. Section 4. Based upon the special needs of the service and the public, shift employees may, voluntarily, on a temporary basis, be assigned by the Fire Chief or his designee to a 40-hour work schedule in order to accomplish special projects or special assignments. 10 2002-2005 IAFF ll~'.~~ CITY ~,~ ARTICLE 9 WORKING CONDITIONS Section 1. Fire Rescue personnel may be needed at any time to fight fires and/or render emergency medical care. But, to do so effectively, they need to be constantly prepared. The safety of our citizens depends as much on the fire fighters' ability to maximize the effectiveness of their equipment, as it does on the fire fighters' willingness to risk their lives to protect the lives and property of others. They must be ready to respond immediately to an alarm. Continuous training and equipment maintenance are required to ensure that the desired optimum response effectiveness is attained. Section 2. The Union pledges to support and participate in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs which have as their goal the increased efficiency of the City's fire protection and emergency medical service. Section 3. The City and the Union agree that employees will not be required to perform any task not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT Section 1. The City shall supply Fire Rescue Department personnel with uniforms, on an as-needed basis, provided through the warehouse. The issue will include - uniform shirts, uniform pants/shorts, coveralls, ball caps, T-shirts, Last Resort Belt, shorts, work jackets, job shirts, and patches as needed. Current placement of patches will apply. One (1) pair of boots or safety shoes and one pair of dress shoes, on an as-needed basis, will be issued. In the event that the City changes boot/shoe vendors, department personnel will be provided with an option to purchase shoes or boots of their choice, providing that the shoes/boots comply with department safety and uniform guidelines and that a receipt be provided to reimbursement. The amount to be reimbursed will not exceed $65.00, the difference borne by the employee. Uniforms may be acquired on an "as-needed" basis through "quarter-master" system with the following being the general guidelines for quantities each fiscal year: 2 ea. 1 ea. 1 ea. 1 ea. 3 ea. 3 ea. 1 ea. 1 ea. 1 ea. 1 ea. 2002-2005 uniform shirts (Class A) Class A tie. uniform pants (Class A) coveralls Uniform pants/shorts (Class B) (EMS pants) polo shirts ball cap Lightweight waterproof shell jacket pair of approved black boots or safety shoes pair of dress (Class A) shoes 12 2 ea?shorts 3 ea. T-shirts 2 ea. job shirts 1 ea. Last Resort belt with buckle Specialty patches as required 2002-2005 13 New employees shall receive the above listed allocation. Section 2. The City shall provide members of the Technical Rescue Team the following specialized uniform components and safety equipment. A. Dark navy blue mil-spec BDU pants constructed from 65% polyested35% cotton Rip-Stop material. Technical Rescue Team members will receive 2 pair of the above BDU pants and 2 pair of standard EMS pants. B. One long sleeve extra-heavy duty Nomex jump-suit with extra velcro or zipper closing pockets, reinforced knees and elbows and reflective tape. Section 3. All fire fighting safety equipment, as determined by Fire Rescue Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he/she shall submit such request in wdting through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item' will arrive. Section 4. The City shall arrange for the repair or replacement of an employee's uniform, work clothing, prescription optical aids, watches or dentures which become-damaged or lost, through no fault of the employee, while the employee is performing firefighting/rescue duties, responding to emergency operations or when conducting training functions scheduled by the department. The City shall be exempt from payment for those amounts which are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3) months from the date of the occurrence. Section 5. Personnel may be responsible for expenses incurred in replacing lost, misplaced or damaged safety gear and clothing due to personal negligence, or intentional misuse, subject to review and recommendation to the Fire Chief by the Labor Management Team. Section 6. All Fire Rescue Department issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. ARTICLE 11 PHYSICAL EXAMS & IMMUNIZATION Section 1. The City shall provide a thorough physical examination, for each permanent member of the Fire Rescue Department. The exam will be conducted in accordance with N.F.P.A. 1582. Appointments for those examinations will be made by the Fire Rescue Department administration and will correspond with the employee's on-duty time. Section 2. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all members as a means of protection from the following: Hepatitis - (Type B) B. Members who refuse to be immunized for Hepatitis- Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. duty. Section 3. 15 Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the employee was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Flodda Statutes, then it shall be presumed that the employee contracted that disease while on duty, except as stated in Article 11, Section 3-B. Record-keeping and notification of known exposures shall be as required by Chapter 112.181 Flodda Statutes (Ch. 95-286, 1995). 2002-2005 IAFF 16 CITY Section 1. A. Medical Insurance: ARTICLE 12 GROUP INSUI:~ANCE The employee cost of all insurance premiums for the City's principal medical insurance Shall be borne by the City. Types of coverage currently in effect shall not be redUced. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the employees. B. If the Union determines'that it can provide more economical coverage than the City's principal medical insurance, the union may bargain for a dollar amount per bargaining unit member to be applied to insurance secured through the Union. The City agrees to re-open this section for negotiations at the discretion of the Union during the term of this contract. The Union will provide a minimum of thirty (30) days notice if it intends to exercise its right to re-open this section for negotiation. Section 2. Life Insurance: Members of the bargaining unit shall be covered by the same $10,000 term life and accidental death policy provided by the City to all employees. Members of the bargaining unit shall also be provided with an additional $25,000 term life and accidental death policy with the premium paid by the City. 17 2002-2005 IAFF ~ CITY Section3. Dental Insurance: The City will pay the premium for the employees and $7.00 per month of the premium for dependent family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees has significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. Section 5 A._:. Dru.q-Free Workplace. Both the City and the Union recognize that substance abuse is a wide-spread problem within our society. The Union will assist Fire Rescue Department employees in obtaining assistance and treatment, if alcohol and/or substance abuse is apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. B._=. The policy and procedures for Post Accident Drug and Alcohol testing is in effect and outlined in the attached Addendum "A". Section 6. The City agrees, that for a full-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(0 or suffers a catastrophic injury, as defined in F.S.S. 440.02(37)and provided for in F.S.S. 112.191 (2)(g), or partially or totally disabled as provided for in F.S.S. 112.18, the City shall pay the 18 2002-2005 IAFF entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. 2002-2005 IAFF 19 '~ CITY ARTICLE 13 OPERATOR'S INSURANCE Section 1. The City shall defend and hold harmless any employee covered by this Agreement, except any employee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any accident while on duty using City equipment. Section 2. The City shall not assign any voluntary off-duty services from bargaining unit employees where such service(s) will involve any direct duty related work such as firefighting or emergency medical services. This Article does not prohibit employees from volunteering their off-duty time to participate in events which have, as their ultimate goal, activities such as public education or public relations for the Fire Rescue Department, provided however that such volunteer service does not waive an employee's coverage under the provisions of Section 1 of this Article. 2O IAFF \'"'-~ CITY 2002-2005 ARTICLE 14 WAGES Section lA. Effective October 1,2002, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 48 $13.3780 $33,391.43 Fireficjhter I 14 48 $14.0469 $35,061.00 $17.9190 $44,726.06 ., $21.7913 $54,391.12 Fireficjhter II 15 48 $14.7492 $36,814.05 $18.8149 $46,962.36 ; $22.8809 $57,110.67 Fireficjhter III 18 48 $15.4867 $38,654.75 ~$19.7558 $49,310.48 $24.0249 $59,966.21 Lieutenant 23 48 $16.7845 $41,894.03 $22.7457 $56,773.51 $28.7071 $71,653.00 Captain 26 48 $17.6237 $43,988.73 $23.8830 $59,612.19 :~ $30.1425 $75,235.65 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.00 Over Houdy Base Rate ($7,488.00 annual rate) $0.48 Over Houdy Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Fireficjhter Prob 14P 40 $16.0535 $33,391.43 Firefighter I 14 40 $16.8562 $35,061.00 $21.5029 $44,726.06 $26.1495 $54,391.12 Fireficjhter II 15 40 $17.6990 $36,814.05 $22.5780 $46,962.36 $27.4570 $57,110.67 Fireficjhter III 18 40 $18.5840 $38,654.75 $23.7069 $49,310.48 $28.8299 $59,966.21 Lieutenant 23 40 $20.1413 $41.894.03 $27.2949 $56,773.51 $34.4485 $71,653.00 Captain 26 40 $21.1484 $43,988.73 $28.6597 $59,612.19 $34.2479 $75,235.65 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.60 Over Houdy Base Rate ($7,488.00 annual rate) $0.576 Over Houdy Base Rate ((1,198.08 annual rate) NOTE: The Deputy Fire Marshal is a bargaining unit member and receives a salary commensurate to Lieutenant. 2002-2005 IAFF 21 Section lB. Effective October 1,2003, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 48 $13.7793 $34,393.17 Fireficjhter I 14 48 $14.4683 $36,112.83 $18.4566 $46,067.84 $22.4451 $56,022.85 Firefighter II 15 48 $15.1917 $37,918.47 $19.3794 $48,371.23 $23.5673 $58,823.99 Firefighter III 18 48 $15.9513 $39,814.40 $20.3484 $50,789.79 $24.7457 $61,765.19 Lieutenant 23 48 $17.2280 $43,150.85 $23.4281 $58,476.72 $29.5683 $73,802.59 Captain 26 48 $18.1524 $45,308.39 $24.5995 $61,400.55 $31.0468 $77,492.72 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.00 Over Houdy Base Rate ($7,488.00 annual rate) $0.48 Over Houdy Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi~]hter Prob 14P 40 $16.5351 $34,393.17 Firefi~]hter I 14 40 $17.3619 $36,112.83 $22.1480 $46,067.84 $26.9340 $56,022.85 Firefighter II 15 40 $18.2300 $37,918.47 $23.2553 $48.371.23 $28.2807 $58,823.99 Firefi~lhter III 18 40 $19.1415 $39,814.40 $24.4181 $50,789.79 $29.6948 $61,765.19 Lieutenant 23 40 $20.7456 $43,150.85 $28.1138 $58,476.72 $35.4820 $73,802.59 Captain 26 40 $21.7828 $45,308.39 $29.5194 $61,400.55 $37.1609 $77,492.72 CERTIFICATION INCENTIVE PAY Paramedic Technical Rescue $3.60 Over Houdy Base Rate ($7,488.00 annual rate) $0.576 Over Houdy Base Rate ((1,198.08 annual rate) NOTE: The Deputy Fire Marshal is a bargaining unit member and receives a salary commensurate t, Lieutenant. 2002-2005 IAFF 22 Section lC. Effective October 1,2004, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Fireficjhter Prob 14P 48 $14.1927 $35,424.97 ~ Firefighter I 14 48 $14.9023 $37,196.21 $19.0103 $47,449.87 =;i $23.1184 $57,703.54 Firefighter II 15 48 $15.6474 $39,056.03 .,r. $19.9548 $49,807.37 ; ',:~ $24.2743 $60,588.71 Firefighter III 18 48 $16.4298 $41,008.83 $20.9589 $52,313.49 ~ $25.4880 $63,618.15 Lieutenant 23 48 $17.8066 $44,445.37 : $24.1310 $60,231.02 $30.4554 $76,016.67 Captain 26 48 $18.6970 $46,667.64 $25.3375 $63,242.57 -i $31.9782 $79,817.50 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.00 Over Houdy Base Rate ($7,488.00 annual rate) $0.48 Over Houdy Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 40 ; I $17.0312 $35,424.97 Firefighter I 14 40 ! $17.8827 $37,196.21 $22.8124 $47,449.87 $27.7420 $57,703.54 Fireficjhter II 15 40 $18.7769 $39,056.03 ~: $23.9458 $49,807.37 ,':~? $29.1147 $60,588.71 Firefighter III 18 40 t-, $19.7157 $41,008.83 ~ $25.1507 $52,313.49 $30.5856 $63,618.15 Lieutenant 23 40~ $21.3679 $44,445.37 $28.9572 $60,231.02 ~ $36.5464 $76,016.67 Captain 26 40 $22.4363 $46,667.64 $30.4050 $63,242.57 $38.3737 $79,817.50 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.60 Over Hourly Base Rate ($7,488.00 annual rate) $0.576 Over Hourly Base Rate ((1,198.08 annual rate) NOTE: The Deputy Fire Marshal is a bargaining unit member and receives a salary commensurate to Lieutenant. 2002-2005 IAFF 23 Section 2. On October 1,2002, in order to place members of the bargaining unit appropriately in their pay range based on years of service, the table in Addendum "B" will be used. On October 1,2003 and October 1, 2004 each member of the bargaining unit shall receive a wage adjustment consistent with the increase in pay ranges identified in Section I(A, B, and C). Effective April 1, 2003 (or as indicated below), April 1,2004, and April 1,2005, a wage adjustment of up to 5% will be provided based on performance appraisal. Employees whose anniversaries fall between October 1,2002 and March 31, 2003, shall be eligible to receive, on their anniversary, the initial wage adjustment up to five-percent (5%) into base-pay based on their annual performance evaluation, unless the employee has reached their maximum salary cap, as noted in Section 1. Employees whose anniversaries fall between April 1,2003 and September 30, 2003 shall be eligible to receive on April 1, 2003 a wage adjustment up to five-percent (5%) into base-pay based on their annual performance evaluation, unless the employee has reached their maximum salary cap, as noted in Section 1. Employees who reach and exceed the maximum salary cap shall receive no base-wage adjustment, but will receive a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a 2002-2005 24 ~ -%. salary disbursement included in W-2 holdings for the purpose of pension calculations. The table in Addendum "C" will be used as an administrative guide to wage adjustments and wage increases at annual evaluations and/or promotions through the ranks. Section 3. (A) In the event an employee receives a less than satisfactory performance evaluation during any annual evaluation pedod, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater performance evaluation, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee receives a less than satisfactory performance evaluation. (B) In the event an employee has five (5) or more occasions of use of sick leave dudng any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be 25 IAFF 2002-2005 -%. delayed for a period of ninety (90) days, during which it will be determined if the employee has had more occasions of useof sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional occasions of use of sick leave. Section 4 Employees at, or above, the maximum of their respective range, upon ratification of this agreement and with consideration to Article 26, Section 3, Medical Certification, will remain at their current salary, and will receive a wage adjustment in the form of a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Section 5. Any changes in the performance appraisal instrument will be made by the Labor Management Team. 26 2002-2005 IAFF :,~'-/"~ CITY Section 6. In order to make the transition to comply with the citywide policy of a common employee evaluation date (April 1), the following adjustment will be made: (A) Employees with evaluations due between October 1, 2002 and March 31, 2003 will have their evaluations completed and processed as scheduled and will receive a wage adjustment assuming satisfactory (or above) performance. The requirement to complete specific annual personal goals will be waived. On Apdl 1 ,2003 new goals will be established for the subsequent year. The next annual evaluation will be due on March 31, 2004. (B) Employees with evaluations due between Apdl 1,2003 and September 30, 2003 will have their evaluations completed no later than March 31, 2003, and will receive a wage adjustment assuming satisfactory (or above) performance. The requirement to complete specific annual personal goals will be waived. On Apdl 1, 2003 new goals will be established for the subsequent year. The next annual evaluation will be due on March 31, 2004. 2002-2005 27 ARTICLE '15 OVERTIME AND CALL BACK Section 1. Call Back: Call back is defined as any time an employee is called into work when the employee is off duty, or when the work time is not contiguous with the employee's assigned shift. In the event of call back, the employee shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and one-half (1 1/2) times the employee's houdy rate inclusive of Certification Incentive Pay. The procedure for "Call-Back" will be in accordance with Labor/Management Team guidelines. The Chief can waive the above provisions if he/she believes the situation warrants. Section 2. Overtime: Overtime is defined as any time an employee is required to stay longer than his/her assigned 24-hour shift by his/her supervisor. Overtime shall be paid at the rate of one and one-half (1 1/2) times the employee's houdy rate inclusive of Certification Incentive Pay. Employees who are in a duty status less than ten (10) minutes either before their shift or after their shift will not be eligible for overtime pay. Employees who are in duty status for ten (10) minutes or more either before their shift or after their shift must be so only with their supervisor's approval in order to be eligible for overtime pay at the overtime rate. Section 3. Employees who are renewing certificates, or who are attending classes not required by the Chief or his/her designee, will not be compensated. 28 '~- IAFF ~ CITY 2002-2005 Section 1. shift or shifts and exchange their off-duty day or days with other employees. The shift officers of the employees who are exchanging time, shall not permit the exchange if it affects the normal operation of work, if call back is required, or if step-up pay is required. Exchange time shall require at least twenty-four (24) hours notice to.the shift officers, except in the event of an emergency to the employee when the exchange of that employee does not affect the normal operation of that shift(s). Section 2. For the purposes of this article, the ranks of Firefighter 1, Firefighter 21 and Firefighter 3 shall be referred to as "firefighters" and Lieutenants and Captains shall be referred to as "officers". Firefighters may only exchange time with other firefighters, and officers may only exchange time with other officers, with the only exception being that Firefighter 3's may also exchange time with Lieutenants. ARTICLE 16 EXCHANGE TIME Employees covered by this Agreement may exchange their working 2002-2005 IAFF 29 ARTICLE 17 SICK LEAVE Section 1. Any employee incurring a non-duty sickness or disability shall receive sick leave with full pay provided the employee has accumulated hours. Employees covered under this Agreement shall be allowed twelve hours of sick leave per each month of service from their first day of employment, and shall continue to do so as long as they are employed. Unlimited accumulation of sick leave is authorized. Employees who have more than two hundred forty (240) hours of sick leave as of April 1 of the current year, may request to transfer, no later than Apdl 1s', up to one hundred (100) sick leave hours to vacation leave hours provided that accumulated sick hours shall not drop below 240 hours as a result of the transfer. Transfer of this time will be credited to the employee's vacation bank during the month of April. Section 2. Upon termination or retirement, unused sick leave shall be compensated at the rate of one-half (1/2) the total number of hours accumulated. 2002-2005 IAFF 30 Section 3. For every consecutive six-month period elapsing since the employee's last sick occurrence, shift employees shall receive 24 hours vacation time and 40-hour employees shall receive 16 hours vacation time. The employee shall be responsible for requesting within sixty (60) days of the end of the six-month period so that the time can be added to his/her vacation. Section 4. Employees covered under this Agreement will be required to provide a doctor's certificate which will include the date the employee was examined, the date he/she is medically cleared to return to work and under what restrictions the employee may return to regular and/or light duty if they are absent and take sick leave for more than two (2) continuous full shift days. Section 5. Sharing Sick Leave A. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick/vacation time. B. Extraordinary circumstances shall be defined as lengthy hospitalization, cdtical illness, or injury. 31 When there appears to be a need to share sick leave in accordance with this Section, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirmed through the Finance Department that the hours are available and submit the list to the Human Resources Office for proper charge to sick leave records. Time used will be used in the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record.' Section 6. Employees who call in sick, may return to work during the remainder of their shift if they feel capable of performing their work duties. An employee who returns to work after calling in sick, must use a minimum increment of 12 hours of sick leave before they may return to work. Employees who leave work dudng shift due to illness must remain out for the remainder of the shift. Section 7. Li.qht Duty. Employees may return to work with a Light Duty Certificate and/or a letter completed as set forth in Section 4 of this Article from their physician, provided there is work available within the Department, and that work would comply with the doctor's requirements. Availability of light duty assignments will be determined by the Fire Chief. 2002-2005 32 IAFF CITY Section 8. Permanent employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account (vacation time). Such request must be made to the Fire Chief by the employee, who in turn must notify the Human Resources Director on the appropriate form. Section 9. No more than five (5) working days, or forty (40) hours, whichever is greater, in any calendar year, may be taken for forty (40) hour employees, and two (2) shift days for shift employees, as sick leave because of illness within the immediate family. In the case of a prolonged, serious illness within the family, an employee may be approved for additional family sick leave only if authorized by the Fire Chief, the Human Resources Director, and the City Manager. For the purpose of this Section, a doctor's letter must be submitted and the "immediately family" shall consist of the employee's spouse, parents, and children only. 33 ARTICLE 18 COMPASSIONATE LEAVE In the event of the death of a family member of an employee, the employee shall be granted one (1) shift day leave on a day of the employee's choosing within two (2) weeks of the death. The employee shall be granted two (2) consecutive shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel for interment is required. "Family member" is defined as the employee's spouse, mother, father, foster parents, foster child, mother-in- law, father-in-law, brother-in-law, sister-in-law, grandparents, spouses' grandparents grandchildren, brother, sister, son or daughter. Verification of the death must be supplied to the City Human Resources Office. 34 2002-2005 IAFF ~' CITY ARTICLE 19 VACATION Section 1. The following plan outlines the vacation leave policy for both the 40-hour employees and the Fire Rescue Department shift (48-hour) employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours, one shift at a time. Section 2. Each employee shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Employees on initial one-year probation are not eligible to take vacation for the first six months. Vacation will be accrued in accordance with the following schedule: Vacation Accrual Policy (40-hour work-week) Years of Service Vacation Days Vacation Hours DOE until Beginning Be.qinning Beqinninq Be.q~nmnq Be,q~nmn,q Be,q~nmn,q First Anniversary 12 96 of 2n~ year until Fourth Anniversary 15 120 of 5th year until Eiqhth Anniversary 18 144 of 9m year until Eleventh Anniversary 20 160 of 12tit year until Fifteenth Anniversary 22 176 of 16m year until Twentieth Anniversary 24 192 of 21st year and thereafter 25 200 Vacation Accrual Policy (48-hour work-week) Years of Service Vacation Days Vacation Hours DOE until First Anniversary Be.qinnin,q of 2n~ year until Fourth Anniversary Be,qinnin,q of tit 5 year until Eiqhth Anniversary tit · ' Beqinninq of 9 year until Eleventh Anniversary Be,qinninq, , of 12th year until Fifteenth Anniversary Be.qinnin,q of 16t~ Year and after 5 120 6 144 7 168 8 192 9 216 10 240 2002-2005 IAFF 35 In computing vacation leave earned, no increments will accrue for any pay week which includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments will accrue for any three-week pay period which includes four or more days of leave of absence' without pay. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. Section 3. Effective 01/01/2003, the policy and procedure for yeady selecting vacation time will change from a calendar year to a fiscal year. For a one-time - only circumstance, vacation selections will be made from January 1,2003 through September 30, 2003. Subsequently, following this transition period, the following procedure and new time period for scheduling vacation choices will be formatted to a fiscal year- October 1st through September 30th. In order to provide a smooth transition from calendar year to fiscal year, employees will be given additional time to use their accrued leave without penalty. Those employees who are over their two (2) year maximum after September 30, 2003 may carry the overage into the year 2004 without loss of time. Employees who are still over their maximum after September 30, 2004 will forfeit the number of hours accrued over the allowable maximum. Section 4. For special "one time" kind of events, employees will be allowed to 36 accumulate more than two years earned accrued vacation with the pdor approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years earned vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. Section 5. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 3'7 ARTICLE 20 PERSONAL TIME Section 1. Any employee covered by this Agreement shall be able to use his/her vacation time, or compensatory time in two (2) to twelve (12) hour increments, for personal masons while on duty. Section 2. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Chief or his/her designee. Section 3. Efficient/normal operating levels Shall be determined by minimum staffing as determined by the Fire Chief. Section 4. Seniority will not be a factor in granting personal time. No grievance procedures will be available to any employee regarding this Section. 38 2002-2005 IAFF ~ CITY ARTICLE 21 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the Friday that follows Thanksgiving, Christmas Day and Christmas Eve. Any additional holidays declared by the City shall be added to the above list. Any employee covered by this Agreement, in pay status, at the time the holiday occurs, if assigned to a 24- hour shift, shall receive 12-hours pay for each holiday. Forty-hour employees will follow the holiday schedule for all non-union employees. Section 2. If an employee covered by this Agreement wishes, the employee may receive the above (Section 1 ) holiday pay, (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last pay period in August of each year. The individual employee will sign and have in the Finance Department, the first week of the current contract, a form as follows: 39 2002-2005 IAFF ~ CITY ,,~~ I, , hereby authorize the City to withhold my holiday pay until the last pay pedod in August, with all proper withholdings taken out. I understand that at no time during this period under any circumstances, except if I am no longer covered under the bargaining unit, will I request my monies until the last week of August. Newly hired employees to the Fire Rescue Department shall have one week from date of employment to sign up for the holiday pay option. The holiday pay will be based on the number of holidays remaining in the contract year. 40 2002-2005 IAFF (~'~ CITY ARTICLE 22 COURT TIME Section 1. Any employee covered by this Agreement who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a member of the Fire Rescue Department, will be paid for his/her court time at the rate of one and one-half (1 1/2) times his/her current houdy rate, excluding travel time, provided the Fire Chief is given prior notification so that the Chief has the opportunity to schedule such appearance during regular duty hours. The employee will receive a minimum of three (3) hours pay, and the employee shall return all fees received from the Court to the City. Should such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. Section 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall return all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. Section 3. An employee who has been instructed to remain on standby for court appearance purposes dudng the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an 2002-2005 employee is required to standby for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an employee does go to court he will be paid for the court time indicated in Section 1 and not receive any standby time pay. 42 2002-2005 IAFF ~ CITY *"' ARTICLE 23 WORKING OUT OF CLASSIFICATION Section 1. Any employee covered by this Agreement, who is assigned the duties and/or responsibilities of a range above his/her current classification in the absence of their direct supervisor, shall be compensated for holding that higher position at a rate of pay equivalent to five percent (5%) for each rank worked out of class, except when assigned as a Lieutenant in which case the FF3 shall be compensated for holding that higher position at a rate of pay equivalent to eight percent (8%). When assigned, the employee shall accept the duties and responsibilities of the position. The internal ranking of Fire Fighter 1,2, and 3 shall be considered as one classification (Fire Fighter) only for purposes of this Article. Section 2. Higher classification assignment shall, with the Chief's discretion as to ability, be made on a rotating basis in order to afford all employees an equal opportunity to gain experience in the next higher position. The Chief, or designee shall make official notification to the acting party. This notification shall be logged as part of daily permanent records. Section 3. Assignments will not be changed so as to intentionally avoid payment. 2002-2005 IAFF 43 ARTICLE 24 EDUCATION Section 1. All employees covered by this Agreement shall be permitted to attend schools or classes while on duty, using personal time as defined in Article' 20, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Shift Commander. Such leave will be on a rotating basis. Section 2. The City shall pay, upon completion of classes, in accordance with the Boynton Beach Fire Rescue Department Tuition Refund Program, attached as Addendum "D" Section 3. The City shall provide an opportunity for sending members of the Fire Rescue Department covered by this Agreement, not to exceed funds established in the City budget, to approved out-of-town training classes. A list of classes shall be posted so each employee will have the opportunity to request the class or classes of his/her choice. Those attending shall be entitled to travel pay in accordance with City policy. Section 4. Employees will be allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their current classification, or for classes required by the City. 2002-2005 IAFF 44 CITY ARTICLE 25 EDUCATIONAL INCENTIVE Fire Rescue Department Employees covered by this Agreement will be eligible for a monthly education incentive payment not to exceed the supplemental compensation limits set forth in applicable Flodda Statute (currently FSS 633.382) and the corresponding regulations in the Flodda Administrative Code. 2002-2005 IAFF 45 ARTICLE 26 MEDICAL CERTIFICATION Section 1. Employees holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive $7,488. This amount will equate to an houdy rate of $3.00 per hour over and above the base rate of pay, which will not be included in the employees maximum. Employees currently receiving over $7,488 annually for Paramedic incentive will remain at their current rate at the date of contract ratification. This assignment pay shall be considered a salary disbursement included~in W-2 holdings for the purpose of pension calculations. Section 2. An employee holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as a Paramedic by the Fire Chief, will no longer receive the $7,488 annual Paramedic incentive pay. Section 3. Both parties agree that FIodda State Emergency Medical Technician certification is an inherent qualification to the job and is a job requirement. To this extent, the five percent (5%) incentive that was provided in previous contracts is incorporated into base salary. 2002-2005 46 ARTICLE 27 LICENSES & REGISTRATION FEES The City shall pay the fee for any license required by the State or City, such as EMT renewals or certificates. In the event of any changes required by law regarding driver's license requirements for firefighters, the City shall pay the initial fee only for such license changes. All subsequent renewal of such license fee shall be the responsibility of the employee. 2002-2005 IAFF 47 ARTICLE 28 SENIORITY LIST Section 1. The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. Section 2. Employee's seniority is established from the date of approval for employment by the City of Boynton Beach Fire Rescue Department. If two or more members are employed on the same date the seniority standing shall be determined by the odginal entrance test score for the Fire Rescue Department, the higher score placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Rescue Department will determine the seniority status, the eadier date being placed higher on the list. Section 3. Layoffs and staffing cut-backs shall be determined by the seniority list. The lowest on the seniority list will be laid off first and so on up the list. In the event of layoffs and/or cut-backs, the City agrees to notify the union president in writing, no later than two (2) weeks prior to said action. Employees who are laid- off shall have recall rights for a pedod of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid-off will be first 2002-2005 48 recalled. N~ new employees will be hired into any classification while a laid-off employee has recall rights. 2002-2005 IAFF 49 ARTICLE 29 VACANCIES AND PROMOTIONS Section 1. Budgeted promotional vacancies occurring in any the certified bargaining unit will be filled in the following manner: 1. Posting of the vacancy; 2. Acceptance of applications; 3. Scheduling of promotional examination; 4. Establishment of an eligibility list; 5. Interview and Selection. Any such vacancy shall be offered withi~ thirty (30) days of the establishment of the appropriate eligibility list. position within Section 2. Minimum requirements for promotional opportunities and the promotional process are as outlined in the "Career Ladder" (Addendum "E"). Any changes to this Career Ladder will be made by the Labor Management Team. 2002-2005 IAFF 50 ARTICLE 30 LONGEVITY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of $500.00. On the employee's tenth (10m) anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15~) anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20~h) anniversary a lump sum payment of $2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. 2002-2005 IAFF 51 CITY ARTICLE 31 BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. 2002-2005 IAFF 52 ARTICLE 32 NOTIFICATION AND DISTRIBUTION Section 1. The Union Secretary's name shall be placed on a routing slip to receive copies of the agendas and minutes of all regular and special meetings of the City Commission. Section 2. The Union will be provided with a copy of departmental Rules and Regulations and Standard Operating Guidelines, and will be provided with updates as they become available. 2002-2005 IAFF 53 ARTICLE 33 GRIEVANCE PROCEDURE Section 1. Grievances or disputes which may arise, including the interpretation of this Agreement, shall be settled in the following manner: Step 1. The aggrieved employee shall within ten (10) business days of the occurrence which gave rise to the grievance, submit a letter and signed petition to the Union Grievance Committee. The Union Grievance Committee shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary. Step 2. If a grievance does exist, the Committee shall within twenty (20) business days of the event giving rise to the grievance, with the physical presence of the aggrieved employee, present the grievance to the Chief or his designee for adjustment. Step 3. If the grievance has not been settled within ten (10) business days from the date of submission to the Chief or his designee, the grievance may then be submitted to the City Manager for adjustment. The City Manager, prior to making a decision on the grievance, may conduct a predetermination conference and require the gdevant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attorney. The grievant may be assisted by a union representative or counsel of his/her choice. The inquiry by the City Manager may be tape-recorded. In the case of 54 2002-2005 grievances 'involving disciplinary action, all matters in defense or in mitigation of the proposed disciplinary action shall be raised by the grievant. Step 4. If the grievance has not been settled by the City Manager within ten (10) business days from the date of the predetermination conference, the grievance may then be submitted to arbitration. Step 5. If the grievance has not been satisfactorily resolved within the above procedure, the Union may request a review by an impartial arbitrator, provided such request is filed in writing with the City Manager no later than ten (10) business days after the City Manager's response is due in Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within fifteen (15) business days, an arbitrator from a list provided by the Federal Mediation and Conciliation Service shall be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to the following: The arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or alter this Agreement or any part thereof or any amendment thereto. It is contemplated that the City and the Union shall mutually agree in wdting as to the statement of the matter to be arbitrated prior to the headng, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine 2002-2005 55 IAFF ~-.~ his/her consideration to the written statement of the grievance presented in Step 3 of the Grievance Procedure. Each party shall bear the expense of its witnesses and of its own representatives. The parties shall bear equally the expense of the arbitrator. The party desiring a transcript of the hearing will bear the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the hearing. Section 2. The Union reserves the dght to represent or not represent employees who are not members of the Union, as provided by law. Section 3. This article is intended to provide for "rights" arbitration, i.e., resolution of disputes which impact upon or affect wages, hours and terms and conditions of employment. This article is not intended to provide for "interest" arbitration. Section 4. "Business days" are defined as Monday through Friday, 8:00 A.M. - 5:00 P.M., excluding City holidays. 56 2002 -2005 IAFF CITY ARTICLE 34 PREVAILING RIGHTS All job rights and benefits heretofore authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by employees covered by this Agreement and not specifically provided for or abddged by this Agreement shall continue in full force and effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to depdve any employee of benefits or protection granted by the Laws of the State of Florida or Ordinances and Resolutions of the City of Boynton Beach in effect at the time of the execution of this Agreement. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 57 2002-2005 IAFF ~ CITY ARTICLE 35 SAVINGS CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. 2002-2005 IAFF ARTICLE 36 APPENDICES, AMENDMENTS AND ADDITIONS All appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. 59 2002-2005 IAFF li~" CITY ARTICLE 37 SUCCESSORS This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto. 2002-2005 IAFF 6oj ARTICLE 38 COMPENSATORY TIME Section 1. Employees who participate in required educational and/or required training activities as approved by the Fire Chief or designee who are unable to attend those classes "on shift" due to scheduling difficulties, and take those classes and/or training on their off duty time, shall be eligible to receive compensatory time. Additional compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of sixty (60) hours. 2002-2005 IAFF 61 ARTICLE 39 MANAGEMENT RIGHTS Section 1. The Union and the bargaining unit employees recognize and agree that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its vadous departments, divisions and other units of organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire and/or otherwise determine the criteria and standards of selection for employment; and to fire, demote, suspend, or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. The City Commission has the sole authority to determine the purpose and mission of the City and the amount of budget to be adopted. Section 3. If at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., dot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified 62 2002 -2005 IAFF CITY as soon as is practical and further provided that wage rates and monetary fringe benefits shall not be suspended. Section 4. The Union and the City jointly recognize the need to perform the highest quality and level of fire rescue services for the citizens of, and visitors to, Boynton Beach in the most efficient manner possible, and hereby agree, in the best interest of both, that the employees of the Fire Rescue Department will be best served by attaining maximum efficiency and productivity. Therefore, the parties hereto agree to use their best efforts to create and maintain an atmosphere in which every employee's efforts are aimed toward these objectives and will cooperate to these ends. 63 2002-2005 IAFF I~'-~~- CITY ARTICLE 40 DURATION This Agreement shall be in force and effect from October 1,2002 through September 30, 2005. Either party can provide notification to the other, no later than March 1, 2005, expressing a desire to negotiate a new agreement. Upon receipt of such notification the parties shall arrange to meet, no later than Apdl 1, 2005, and promptly and regularly thereafter, for the purpose of negotiating a new contract, and only those items included in the notices shall be subject to negotiation. If all issues are not resolved by September 30, 2005, this Agreement shall remain in force and effect until all issues have been resolved in accordance with Chapter 447, Part II, Flodda Statutes, provided that all monetary benefits are subject to appropriation by the City Commission. 2002-2005 IAFF 64 ~ Agreed to this day of ,200 , by and between the respective parties through the authorized representatives of the Union and the City. BOYNTON BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891: Witness BY: President Witness Secretary CITY OF BOYNTON BEACH BY: Witness Mayor Witness Approved as to Form and Correctness: City Clerk City Manager City Attorney (;5 2002-2005 IAFF ~'--' ~. CITY UNION CO'NTRACT - ADDENDUM "A" POST ACCIDENT DRUG AND ALCOHOL TESTING POLICY Post Accident Testing. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. Disabling damage means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a fiat tire with no spare available, minor scrapes/scratches to the extedor of the vehicle; or damage or headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. An order to submit to post accident testing can be made by a Battalion Chief (Shift Commander) or by an Acting Shift Commander. Any bargaining unit 2002-2005 66 member ordered for a post accident drug test may, at the member's option be accompanied to the testing by a Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. Refusal to submit to an order for post accident drug testing, or intentionally delaying a post accident drug test can result in termination, however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. 67 2002-2005 IAFF ~ CITY UNION CONTRACT - ADDENDUM "A (continued) Post Accident Drug and Alcohol Testing Procedure 1. Employee or supervisor will contact CorVel to report the incident as outlined in APM 12.01.02. 2. Notification will include identification of employee as ddver in a motor vehicle accident requiring drug and alcohol testing. 3. Supervisor and employee will proceed to pdmary or alternate collection site for mandatory testing, following initial medical evaluation and treatment for any injudes sustained. 4. Primary collection site for drug and alcohol testing is: Pinecrest Outpatient Center 15340 Jog Road Delray Beach, FL 33413 Hours of Operation: 8:00 a.m. - 5:30 p.m., Monday through Friday 5. Laboratory performing testing is: Quest Diagnostic Labs Leesburg, FL 6. Medical Review Officer is: Dan'in Fry, MD 15340 Jog Road Delray Beach, FL 33413 2002-2005 IAFF 68 7. Alternate collection site is: Family Medicine Center 9776 S. Military Trail Boynton Beach, FL Hours of Operation: 9:00 a.m. - 5:00 p.m. Saturday and Sunday 8. If a motor vehicle accident occurs, and injudes are sustained, when neither primary nor altemate side is available, the employee and supervisor will make an appointment and report to the pdmary or alternate side as soon as the site is open or available, following medical evaluation and treatment for injuries sustained. , 9. Failure to report for mandatory testing may result in loss or reduction in workers' compensation benefits and disciplinary action. The designated doctors, labs, MRO and collection sites may change from time to time. The Risk Management Department will notify the Fire Rescue Department of possible new contacts. The Fire Rescue Department Labor Management Team will approve any changes in designated doctors, labs, MRO's, and collection sites. Changes will be added to this procedure in Addendum "C" of the Union Contract. 69 2002-2005 IAFF ~--'~-~ CITY Addendum "B" BASE HOURLY Step Effctv. BASE HOURLY EMPLOYEE HIRE DATE Years of Service CLASS SALARY(Prior toOctober 1, SALARY Effctv. 1011/2002) 2002 1011/2002 KEISTER,R 6/14/1979 23,5 Capt $28.8435 step 12.5 $30.1425 WITT, J 4/6/1987 15.6 Capt/PM $23.1331 step 8,5 $24.7983 QUINN,K 3/29/1984 18.7 Capt/PM $26.8309 step 10.5 $27.3401 LANDRESS,M 10/5/1998 4.1 40HR EMS C. $21.5524 step2.5 $22.2058 GARNSEY, B 12/11/1997 4.9 40HR ICC $23.9306 step 4.5 $24.4819 KOLESAR, E 10/15/2001 1.1 FF Prob. $11.8417 step 1.0 $13.3780 GARGIULO, J 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 MARTIN, J 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 MOHORN, P 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 RAYBUCK, J 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 REDDOCH, K 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 REYES, M 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 WANDELL, E 3/5/2001 1.7 FF1 $12.9312 step 2.1 $14.7492 TUREY, A 1/29/2001 1.8 FF1 $12.9312 step 2.1 $14.7492 MACALPINE, C 11/6/2000 2.0 FF1 $12.7446 step 2.1 $14.7492 FERNANDEZ,A 6/5/2000 2.5 FF1 $13.7079 step 2.1 $14.7492 PERRON, C 3/5/2001 1.7 FF1/PM $12.9312 step 2.1 $14.7492 BRANT, J 3/5/2001 1.7 FF1/PM $12.9312 step 2.1 $14.7492 SMITH, D 3/5/2001 1.7 FF1/PM $12.9312 step 2.1 $14.74_92 DRUMM,W 6/5/2000 2.5 FFI/PM $13.7079 step 2.1 $14.7492 DeFILIPPIS,A 1/10/2000 2.9 FF1/PM $13.7079 step 2.1 $14.7492 MC MATH,S 12/11/1997 4.9 FF2 $14.1867 step 3.2 $16,2610 LEGETTE,S 6/12/1997 5.4 FF2 $14.1366 step 3.2 $16.2610 KINBACHER,J 1/3/1991 11.9 FF2 $17.1011 step 5.2 $17.9278 GALARNEAU,R 8/9/1999 3.3 FF2/PM $13.5131 step 3.2 $16.2610 TRACY,B 8/9/1999 3.3 FF2/PM $13.5131 step 3.2 $16.2610 AARON,S 8/9/1999 3.3 FF2/PM $14.3915 step 3.2 $16.2610 BESOSA,M 3/15/1999 3.7 FF2/PM $14.8273 step 3.2 $16.2610 CARR,J 3/15/1999 3.7 FF2/PM $14.9691 step 3.2 $16.2610 DEMARCO,R 12/7/1998 4.0 FF2/PM $14.8251 step 3.2 $16.2610 iNARDI,J 10/5/1998 4.1 FF2/PM $14.9669 step 3.2 $16.2610 BRESClA,B 6/15/1998 4.4 FF2/PM $14.5414 step 3.2 $16.2610 MUNNILAL,N 6/15/1998 4.4 FF2/PM $14.1867 step 3,2 $16.2610 ALTMAN, R 12/11/1997 4.9 FF2/PM $14.1867! step 3.2 $16.2610 iBRANT,D 12/11/1997 4.9! FF2/PM $14.1867' step 3.2 $16.26101 GREGOREK,M 12/11/1997 4.9 FF2/PM $14.8251 step 3.2 $16.2610 KILCOOLEY, J 12/11/1997 4.9 FF2/PM $14.1867 step 3.2 $16.2610 TAMIHI,C 12/11/1997 4.9 FF2/PM $14.1867 step 3.2 $16.2610 CLEMONS,L 6/20/1996 6.4 FF2/PM $15.7696 step 4.2 $17.0741 NANCE,R 9/14/1995 7.2 FF2/PM $16.7720 step 4.2 $17.0741 GARClA,L 2/25/1993 9.7 FF2/PM $16.4901 step 5.2 $17.9278 REHR,E 1/3/1991 11.9 FF2/PM $16.4940 step 5.2 $17.9278 HAGG,D 1/26/1995 7.8 FF2/PM/OE $16.0081 step 4.2 $17.0741 JULIA,J 10/29/1992 10.1 FF2/PM/OE $15.7749 step 5.2 $17.9278 2002-2005 Addendum "B" BAIER,R 1/3/1991 11.9 FF21PM/OE $16.9064 step 5.2 $17,9278 LEAMON,E 7/9/1985 17.4 FF2/PM/OE $20.0968 step 9.2 $21.7913 REHR,R 1t31/1991 11.8 FF3 $18.2082 Step 5.3 $18.8242 TEMPERELU,M 1/3/1991 11.9 FF3 $18.2082 Step 5.3 $18.8242 JUTE,R 1/8/1987 15.9 FF3 $20.4133 Step 7.3 $20.7536 Woznick, M 5/1/1986 16.6 FF3 $21.6464 Step 8.3 $21.7913 LIMAURO,R 11/24/1985 17.0 FF3 $22.7472 Step 9.3 $22.8809 REITZ,T 7/10/1985 17.4~ FF3 $22.5317 Step 9.3 $22.8809 ANOERSON,R 1/27/1983 19.8 FF3 $22.7722 Step 9.3 $22.8809 NEWELL,D 7/16/1981 21.4 FF3 $23.9225 Step 10.3 $24.0249 KIRCHEN,A 8/30/1979 23.2 FF3 $23.5913 Step 10.3 $24.02491 LEDERHANDLER,L 12/11/1997 4.9 FF3/PM $15.7154 Step 3.3 $17.0741 KEELER,M 8/1/1996 6.3 FF3/PM $15.6949 step 4.3 $17.9278 COUTSOUVANOS,N 6/20/1996 6.4 FF3/PM $17.0572 Step 4.3 $17.9278 HENKLE,M 6/20/1996 6.4 FF3/PM $16.7151 Step 4.3 $17.9278 KRUSE,R 9/14/1995 7.2 FF3/PM $16.1447: step 4.3 $17.9278 NEWMAN,A 1/3/1991 11.9 FF3/PM $18.2082! Step 5.3 $18.8242 CROFT,R 1/8/1987 15.9 FF3/PM $20.47671 Step 7.3 $20.7536 EBERLY, D 1/8/1987 15.9 FF3/PM $20.0804i Step 7.3 $20.7536 FLUSHING,D 4/10/1981 21.6 FF3/PM $24.1178 step lO.3 $24.1178 HAGG, J. 2/13/1980 22.8 FF3/PM $23.5900~ Step 10.3 $24.0249 WANDELL, C 10/29/1992 10.1 LT $22.9441 Step 7.4 $22.4928 ASEL,B 1/3/1991 11.9 LT $18.77651 step 5.4 $20.4016 HERNANDEZ,D 1/311991 11.9 LT $18.9493i step 5.4 $20.4016 MARTIN,P 1/3/1991 11.9 LT $19.1306 step 5.4 $20.4016 HENDERSON& 2/4/1988 14.8 LT $20.6087 step 6,4 $21.4217 ESTEVES,E 5/1/1986 16.6 LT $22.7473 step 8.4 $23.6174 SIMPSON,G 7/26/1985 17.3 LT $25.3437 step 9.4 $24,7983 WOJCIECHOWSKI,S 1/27/1983 19.8 LT $25.1057 step 10.4 $26.0382 KINSER,D 12/27/1993 8.9 LT/PM $18.2602 step 5.4 $20,4016 MURPHY,T 1/31/1991 11.8 LT/PM $19.1029 step 5.4 $20.4016 FITZPATRICK, M 1/3/1991 11.9 LT/PM $18.9493 step 5.4 $20.4016 REYES, C 1/3/1991 11.9 LT/PM $19.1183 step 5.4 $20.4016 RUDY, R 1/3/1991 11.9 LT/PM $19.3141 step 5.4 $20.4016 HERRMANN, E 2/4/1988 14.8 LT/PM $20.9798 step 6.4 $21.4217 THYNG,B 2/4/1988 14.8 Lt/PM $20.4562 step 6.4 $21.4217 PLAYNE,M 1/2/1983 19.9 LT/PM $24.5769 step 10.4 $26.0382 OXENDINE,P 6/12/1979 23.5 LT/PM $27.4700 step 12.4 $28.7071 2o02-2oo5 71 IAF F~"~ CITY 0 0 0 o ~ 0 UNION CONTRACT - ADDENDUM "D" BOYNTON BEACH FIRE-RESCUE DEPARTMENT TUITION REFUND PROGRAM In order to assist employees who wish to attain additional training or education, the City of Boynton Beach Fire-Rescue Department hereby establishes a Tuition Refund Program which reimburses employees a percentage of tuition and textbook costs at an accredited institution. In order to be eligible for the Tuition Refund Program, an employee must be a full-time career status employee with at least one (1) year of employment prior to the starting date of the class. The employee must submit a tuition refund application within ten (10) calendar days prior to the initiation of the class in order for reimbursement to be considered. Applications should be submitted to the Deputy Chief of Administration. The applications will be reviewed by the Deputy Chief of Administration to determine whether the course work is eligible. Under the guidelines of the Tuition Refund Program, employees may take two (2) English courses, two (2) Humanities, two (2) Social Science, and one (1) Math, as part of a General Educational Program. Additional course work will be evaluated in terms of the specific course and the individual's specific job assignments. Applicants for tuition refund should explain the connection between the course work and their job assignments. In order to assist employees to attain degrees, the Deputy 2002-2005 IAFF CITY Chief of Administration will review specific degree goals and determine whether the degree is in a Fire, EMS, or Administrative related field accepted by the Bureau of Fire Standards and Training (ref: F.S.S. 633.382). If the degree program is approved, specified required courses in the degree program will be eligible for tuition reimbursement. This permits employees to plan their educational program. Employees should be encouraged to apply as far in advance as possible for course work so that they can be informed of their eligibility. If an employee feels that the Deputy Chief of Administration has made an error in their determination, he/she may ask the Fire Chief to reconsider the decision by supplying additional information as to the direct applicability of the classes to the employee's current position. The Fire Chief will then reconsider the odginal application with the further information. The Fire Chief's decision is final. Any decision relating to this program is not subject to the grievance procedure. When an employee completes the approved course work, it is their responsibility to submit copies of the grades and the tuition receipt to the Deputy Chief of Administration. The reimbursement procedure will consist of the following: 100% reimbursement when a grade of "A" or "B" is earned, and 50% reimbursement when a grade of "C" is eamed, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re-usable condition. 2002-2005 If the institution only gives credit or no 76 IAFF ~ CITY~ .:- credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A". It takes approximately two (2) to four (4) weeks from the Fire- Rescue Department receipt of the grades and tuition receipts before a separate check is prepared and given to the employee. Employees receiving aid, or who' have a scholarship, as well as employees qualifying for benefits under the G.I. Bill or other State or Federal programs, are eligible for municipal reimbursement of only the difference (if any) between what they receive from these other sources and what is eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter' hours. In the case of employee enrollment in a pdvate college or university, the City will pay only an amount equivalent to the current tuition charged by the State (public) colleges and universities. EMPLOYMENT OBLIGATION: An employee will be expected to remain with the City of Boynton Beach Fire-Rescue Department for at least one (1) year following completion of courses for which he/she has received a refund. If the employee resigns, retires, or terminates within the one (1) year period, he/she shall reimburse the City for tuition refund benefits applicable to courses completed dudng this pedod. Reimbursements shall be payroll deducted from the employee's final paycheck. 77 2002-2005 IAFF ~ CITY ~ TUITION REFUND PROGRAM PROGRAM RULES BOYNTON BEACH FIRE-RESCUE DEPARTMENT OBJECTIVE: To improve service to the public by promoting a program encouraging Fire-Rescue employees to obtain additional training and education, which may improve their effectiveness, improve their performance in their current position, and prepare them for increased responsibility. BENEFITS: Employees whose applications are approved will be entitled to a refund of tuition and textbook costs upon successful completion of each approved course. The reimbursement will be 100% for a grade of "A" or "B", 50% when a "C" is obtained, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re-usable condition.. If the institute only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A". ELIGIBILITY: All full-time employees of the City who by the starting date of class, have completed one (1) year of service and have received a "SatisfactoqF or better Employee Performance Evaluation pdor to the beginning of the course work are eligible to apply. Guidelines for establishing course work are as follows: (a) All basic core courses as required by the college will be approved 2002-2005 78 for all eligible employees. (b)Life experience credit will not be approved for tuition refund. (c) Degree programs, which relate directly to the employee's current position, will be approved. Once degree approval is granted, all' courses specifically required will be approved. (d) For those employees who have been approved for a degree program, all general educational courses specifically required by the school will be approved. (e) All other course work will be considered on a course-by-course determination. ' Employees receiving financial aid or a scholarship, as well as employees Qualifying for benefits under the G.I. Bill or other State or Federal Programs are eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an amount equivalent to the current tuition charged by the State (public) colleges and universities. The rater's overall evaluation on the Employee Performance Evaluation conducted immediately preceding the beginning of classes must be "Satisfactory" or better for the employee to be eligible for tuition refund unless the course work for the employee receiving a less than "Satisfactory" evaluation relates to the area of weak performance. In addition, any employee placed on 2002-2005 79 suspension 'or on restricted sick leave during a six-month pedod pdor to the beginning of a course will not be eligible. The tuition refund program covers tuition, books and laboratory fees only. It does not cover registration, taxes, gas, food, or other costs. Employees should also be reminded that after having received tuition refund, that they are under a one (1) year employment obligation with the Boynton Beach Fire Rescue Department; the amount of the tuition refunded will be deducted from the employee's final paycheck. Attachment: Tuition Refund Program Application 2002-2005 80 IAFF~-~ CITY BOYNTON BEACH FIRE RESCUE DEPARTMENT SUBJECT: TUITION / EDUCATION REIMBURSEMENT CITY SERVICE OBLIGATION DATE: May 1, 1999 The intent of reimbursing an employee is to provide an incentive to seek post- hidng education and training, which subsequently improves service delivery to the public, enhances performance levels, and prepares employees for increased responsibility with the Boynton Beach Fire Rescue Department. An employee receiving remuneration in the form of tuition and all other costs associated with fire and EMS-related training and educational programs, including travel costs, agrees to a one-year employment obligation to the extent that the funds received must be retumed in the event that this obligation is not met. This city sen/ice obligation requires that an employee be expected to remain with the Boynton Beach Fire Rescue Department for at least one (1) year following completion of courses for which he/she has received a refund. If the employee resigns, retires, or terminates within the one (1) year period, he/she shall reimburse the City for all funds received applicable to courses completed dudng this pedod. Unless other financial arrangements are made, reimbursements shall be payroll deducted from the employee's final paycheck. This policy is consistent with the Boynton Beach Fire Rescue Department's Tuition Reimbursement Proaram. The undersigned Boynton Beach Fire Rescue Department employee has read and fully understands the provisions of this policy as set forth in this document without exception. Employee Name Employee Signature Date Witness (BBFRD Chief Officer) NOTARY: Date 2002-2005 81 IAFF ~--~ CITY BOYNTON BEACH FIRE RESCUE DEPARTMENT TUITION REFUND PROGRAM APPLICATION LAST NAME I, FIRST NAME DIVISION SHii=i- COURSEINFORMATION School/City: INITIAL DATE i~MPLOYEE # DATE OF ENTRY Course (Name & Number):. Course (Name & Number):. Course (Name & Number): EDUCATIONAL OBJECTIVE [] 2ynDegme [] 4~.Degree FIELD OF SPECIALIZATION [] NOn'degree TITLE OF DEGREE SOUGHT Term/Ye, ac. Credit Hours: APPROVAL I Intend to remain In the employ of the Boynton Beach Fire Rescue Department for at least one (1) yew following the completion of approval coumework. In the event that my employmeflt Is te~ninated for any mason within one (1) year of course completion, I agree to mlmbume the City of Boynton Beach for tuitior~- benefits applicable to courses during such pedod. EM~LOY~ $I(3NA~ DATB I certify that the above named employee has received a 'Satisfactory' or better score on hls/he~ most recent performance evaluation prior to submission of I~is application. I recommend that this applicant be approved for tuition refund for the coursework listed above. ~.s~n~..~ (ORDaS~maU~)S~(mATUa~ D^T~ Reason: DEPA.R,'I'MB/',~ HT=AD S/GNATU]t,B DATF., t~ 82 2002 -2005 IAFF CITY UNION CONTRACT - ADDENDUM "E" CAREER LADDER - Boynton Beach Fire Rescue Department MINIMUM REQUIREMENTS (Probationary FF through Captain) Probationary Firefi.qhter (FFIProb.) [Hire date through 12 months] PREREQUISITE: -Certified Florida Firefighter -Certified Florida Emergency Medical Technician or Paramedic TO ADVANCE TO THE NEXT LEVEL: · Successful completion of the Probationary Firefighter Manual ("Green Book") · Successful completion of FFI Performance and Written Examinations · Successful completion of the annual evaluation process for Probationary Firefighters and appointment by the Fire Chief. Firefi.qhter 1 (FF1) PREREQUISITE: -Must meet all requirements for Probationary Firefighter -Minimum of one (1) year of service with BBFRD TO ADVANCE TO THE NEXT LEVEL: · Certified Flodda Paramedic · Successful completion of FFII Performance and Written Examinations Firefi.qhter 2 (FF2) PREREQUISITE: -Must meet all requirements of Firefighter 1 -Minimum of three (3) years of service with BBFRD TO ATTAIN FFII/OPERATOR ENGINEER STATUS: · Successful completion of FFP 1600 Fire Apparatus/Equipment (or equivalent) · Successful completion of FFP 1640 Fire Hydraulics (or equivalent) · Successful completion BBFRD-sanctioned Aerial Apparatus Course (40 hour 2002-2005 IAFF 83 Successful completion of BBFRD Apparatus, Hydraulics, and Aedal Operation Performance and Written Examinations TO ADVANCE TO THE NEXT LEVEL: · Successful completion of FFP 2410 Fire Service Strategy and Tactics · Successful completion of FFP 2130 Company Officer Leadership · Successful completion of FFP 2150 Instruction and Methodology · Successful completion of FFP2320 Building Construction for Fire Protection · Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved) · Complete Fire Inspection/Prevention Packet with a BBFRD Asst. Fire Marshal or · Complete FFP 1200 Fire Prevention Practices and FFP 1620 Pdvate Fire Protection Systems Firefi.qhter 3 (FF3) [Minimum requirement to serve as Acting Lieutenant] PREREQUISITE: -Must meet all requirements for Firefighter II -Must attain Operator/Engineer status as described under FF2 -Minimum of five (5) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree TO ADVANCE TO THE NEXT LEVEL: · Successful completion of Lieutenant promotional examination/assessment and appointment by the Fire Chief. Lieutenant (Lt.) [Minimum requirement to serve as Acting Capt / Battalion Chief] PREREQUISITE: (Eligibility criteda necessary to sit for the Lt. Promotional Exam) -Must meet all requirements for Firefighter III -Minimum of six (6) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree -Minimum of one (1) year as a Firefighter III TO ADVANCE TO THE NEXT LEVEL: · Successful completion of FFP 2100 Fire Service Administration · Successful completion of MNA 2303 Introduction to Public Personnel Management 2002-2005 IAFF 84 · Successful completion of 40-hour BBFRD Officer Candidate School which will include, but is not limited to: -Departmental Policies, EMS Protocols, Standard Operating Guidelines -Labor-Management Relationship and Collective Bargaining -Diversity, Sexual Harassment, and Discrimination Training -Technical Report Writing and Report Quality Assurance -Performance Evaluation Training -Coaching, Counseling, and Disciplinary Action -Budget Analysis and Preparation -Community Relations Project Successful completion of Captain promotional examination/assessment and appointment by the Fire Chief. Captain (Capt.) PREREQUISITE: [Minimum criteria necessary to sit for the Captain Promotional Exam] -Must meet all requirements for Lieutenant -Minimum of nine (9) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree -Minimum of one (1) year as a Lieutenant with BBFRD. PROMOTIONAL PROCESS (For Lieutenant and Captain) Ao Bo Do Posting for a position will include date, time, and location of the exam, reference materials, exam and methodology. This announcement will be posted at least sixty (60) days prior to the test date and will include all necessary information relating to the application process and deadlines. Establishment of an eligibility list, to include time duration that the list is in effect. An eligibility list will be in effect for a period of two (2) years unless adjusted by mutual agreement. The Fire Chief has the option to select any one of the top three (3) candidates for promotion to an existing vacancy. Candidates that are not selected for promotion may be provided with an interview to discuss the reason(s) for not being selected, upon request of the candidate. Any employee who successfully passes a promotional examination shall have a credit for continuous service added to their final score 2002-2005 IAFF 85 Eo Fo -%. which shall be computed as follows: One-fourth (1/4) point shall be added for each full year of uninterrupted service. The City shall provide one copy, at each station, of all reference material for promotional examinations at the posting of notification. The reference material shall remain in the Fire Station(s) Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. The Boynton Beach Fire Rescue Labor Management Team hereby approves this Career Ladder incorporated into the collective bargaining agreement 2002-05 as Addendum "E". Fire Chief Date IAFF, Local 1891 Union President Date 86 2002-2005 IAFF ~ CITY ,~~ TO: BOYNTON BEACH FIRE RESCUE DEPARTMENT Randy Jute, President I.A.F.F. 1891 FROM: William L. Bingham, Fire Chief SUBJECT: Letter of Understanding Firefighter Contract A~icle 38, Shift Fire Inspectors DATE: November 21,2002 ' It is the intent to of this Letter of Understanding to clarify negotiated issues regarding previous contract Article 38, Shift Fire Inspecters. B.y virtue of this letter, and through attrition, we agreed to eliminate the aforementioned article in its entirety according to the following criteria: 1) The article entitled Shift Inspectors will no longer be a part of the Collective Bargaining Agreement. 2) The two existing inspectors (Lt. Chris. Wandell and Lt. Geoffrey Simpson) will continue to serve as fire inspectors as directed by the Fire Marshal, providing they maintain all necessary certifications. 3) The previous 5% incentive pay (based on their September 30, 1995 pay) was changed to an incentive pay .equal to the then-existing rate, (i.e. from a %-based incentive to a strict dollar figure)..This incentive pay, once established, will not increase. This change was effective up.on ['atification of the 1999-2002 Agreement, and will be in effect until they respectively either leave the service of the Department or fail to renew the requisite inspector certification. 4) If, for any reason, either i.hspector is no longer certified or no longer willing to serve as an inspector, his position will not be filled by another department member, nor will he be able to re-enter into the position. The September 30, 1995 salaries of the two individuals are: *Chris Wandell - $676.80 wkly (5% = $33.84 wkly; $67.68 biwly; $1,759.68 yrly) *Geoff Simpson - $806.00 wkly (5% = $40.30 wkly; $80.60 biwkly; $2,095.60 yrly) William L. Bingham, Fire ChiefJ .~ F/OR T~ UNION: Randy Jute,~es~nt WD'NESS: ~ Date Date VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST t t v, Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) [] February l8,2003 February3, 2003 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Resolution authorizing the release of a cash bond of $4,092.00 to Hunters Run Property Owners Association, Inc. for the project known as Hunters Run Country Club. EXPLANATION: On May 3, 2002, the Building Division sent to the Finance Department a cash bond of $4,092.00 for the completion of the permitted work at Hunters Run Country Club (3500 Clubhouse Lane). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Qumes't,. Grl~n~, DevelopXment Director Development Department Department Name City Manager's Signature City Attorney ~Human Resources S:\BULLETIN\FORIMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE RELEASE OF THE CASH SURETY IN THE AMOUNT OF $4,092 TO HUNTERS RUN PROPERTY OWNERS ASSOCIATION, INC. FOR THE PROJECT KNOWN AS HUNTERS RUN COUNTRY CLUB; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project is complete and the City has issued the Certificate of Occupancy, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves release of the surety in the amount of $4,092 to Hunters Run Property Owners Associations, Inc. for the project known as Hunters Run Country Club. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2002. CITY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner cwreso/loc/Release of Surety - Hunters Run Country Club November 18, 2002 Don Johnson Director of Engineering City of Boynton Beach 100 E. Boynton Bea. ch Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Hunters Run Permit No. 01-2587 Dear Mr. Johnson, On April 30, 2002 Hunters Run issued a check to the City of Boynton Beach in the amount $4.092.00 that represented a cash surety of $3,720.00 plus 10%. This payment had necessary to obtain the 30 day temporary certificate of occupancy. At this time ,.ye arc requesting a rethnd for the cash surety plus 10% totaling $4,092.00. If you should need any additional int:brmation in order to process the refund, please let us know. Sincerely, Stefan Hagedorn Controller Cc: Mary Watkins, Chief Operating Officer EXHIBIT "A" 3500 Clubhouse Lane, Boynton Beach, Florida 33436-6002 Telephone: (561) 737-2582 · Fax: (561) 369-3990 · www. huntersrun.net DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-091 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director J'oh. nson, Building Official Don May 3, 2002 CASH BOND - HUNTERS RUN COUNTRY CLUB - 3500 CLUBHOUSE LANE Attached is a check for'S4,092.00 from Hunters Run Property Owners Association, Nc. This is a cash surety for Hunters Run Country Club and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. Df:rs Attachments/letters fi.om Morton Propper, Paul .L Slattery and check XC: Timothy K. Large, Building Code Administrator Permit File # 01-2587 S:\Development~Buildin$ DivXDocumentst, Memos in Wor(l',C~sh Bonds - 2002x,Cash Bond - Hunters Run Country Club 01-2587.doc EXHIBIT "B" BOYNTON BEACH, FLORIO,..1, 334,36-6099 ' i 561-737-258.2 Boynton ~eac,~, Florida 3342~ Branch 575 ,"o-001913 ...:<.:,(;':~n.¢~'OUl~ THOUSA~ND NINETY-TWO ,._~'D · ' ro r,~ CiTY OF BOYNTON BEACH 04:/30/02 oo/loo 1913 ~**'4:,092.00 DOLLARS _ TWO S~G,'~ArU~ES "*O0~,R~-~,,' ~:OF=?OOF=t, 58~:8000006~,~-:~'~?0,,' CITY OF BOYNTON BEACH '~ '~ '~ 3 ''! Boynton Beach, Florida OATE .-.~":,' "~ 207-'~ DEPARTMENT ' ," ;" . ~ ':_'.'O/, _ '~ " ..... '~" . .. ,~.., -..;.i..,..,.~ ,~ -~ '/' '('"- -'- DOLLARS '-~."~' ~',, '..',. "~- '- ...'-~,--,-',L~ 5' '¢7" ' ~ , '"' "> -- L) '~ i:--~ i ----, i, ht.,..,T._2,,,' ,.~ ,.~ ,..:~ ,. .". . FOR : ,,~ '--- ._, ,~. , C' "-.:' ~. · --, .... ... _.~ ~..* ~' .., . ..__ ( ~ ~L,, .~"~' :- ,. ',,,~ .__.. .. ._, ...... ',...._. ~; ..,'.,,~,/.i,.'t '.'~ , ;~, _'-.,'-, '~-,u o~; - ~ ' -- ---' .:, .. S ~ '-'-' " -', -" ...... BY EXHIBIT "C" April 16, 2002 City of' Boynton Beach Attention: Don Johnson, Director of Engineering 10t,-'-,~,~--' Boynton Beach o,...~ Boynton Beach, FL J3436 Dear Mr. Johnson: Attached is an original copy of a letter from our architect which details the balance of work which needs to be done. We are enclosing a check in the amount of $4092 to cover these final additions. We request that you issue to us a Temporary Certificate of Occupancy as quickly as possible. We appreciate your consideration in this matter. Sincerely, HUNTERS RUN~ERTY OWNERS .ASSOCIATION, 1NC. Morton Propper, P~ Enclosures EXHIBIT "D" 3500 Clubhouse Lane. Boynton Beach, Florida 33436-6002 Telephone: (56I) 737-2582 · Fax: (561) 369-.3990 · www. huntersrun.net SLATTERY and ASSOCIATES ARCHITECTS PLANNERS Don Johnson Director of Engineering City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Hunters Run Country Club Permit No. 01-2587 April 19, 2002 Dear Mr. Johnson,' Based on discussions with Don Johnson, Roger Kemmer, and representatives of Hunters Run Country Club, a 30 day temporary Certificate of Occupancy is requested for the north end of the clubhouse at 3500 Clubhouse Lane. Since all permits have been satisfactorily_ approved by the City of Boynton Beach with the exception of the cement pad outside the emergency exit door of the ladies card room on the northeast corner and the installation of 19 exits signs which include the handicap logo, Hunters Run agreed to make these changes. The cost of the cement work, and the exit signs should not exceed, $3,720.00. As a result we have advised Hunters Run to prepare a check to cover cash surety of $3,720.00 plus 10% or $4,092.00. Architects Planners C : P J StJohnson_H untersRun-04-19-02 EXHIBIT "E" 2060 NW Boca Raton Blvd., Suite #2 · Boca Raton, Florida 33431 · (561) 392-3848 · Fax (561) 392-5402 lic #AA C001011 VII.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates December 3, 2002 December 17, 2002 January 7, 2003 January 21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Tumed in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to ratify a Letter of Understanding between the City of Boynton Beach and NCF&O, Local 1227, Blue Collar Union regarding Solid Waste Task Overtime Compensation on City Holidays. EXPLANATION: Attached is a Letter of Understanding that was approved by NCF&O members on 12/06/02 by a vote of 32 to 12. There has been past practice regarding the compensation of task based Solid Waste employees by paying at the rate of time and one half for a full task day in addition to the pay provided employees for working on a holiday. Because this differs from the language in the Labor Agreement, both the City Manager and the Chief Steward of the Blue Collar Bargaining Unit agree to continue the referenced past practice and pay task based employees in the Solid Waste Division at the rate of time and one-half for all hours corresponding to the regularly scheduled work hours until the expiration of the current Labor Agreement on September 30, 2003 or until a replacement Agreement is in effect, whichever date is later. The Letter of Understanding further acknowledges that Article 29 and Section 4 of Article 19 of the current Labor Agreement allows the City to schedule all work activities and, as such, the City has the right to adopt certain weekly work schedules that consider the impact of holidays on work procedures and City customers. It is contemplated that the City will not be providing residential sanitation services on holidays when only one holiday occurs during the workweek after January 1, 2003. In those instances, the City will endeavor to implement the work schedule provided for in Section 4 of Article 19 of the Labor Agreement. PROGRAM IMPACT: N/A FISCAL IMPACT: Approximate cost for the remainder of this calendar year is $7500.00. ALTERNATIVES: Not to work on holidays. J ~~) DePa~en(H~ad's Signature Public Works Department Department Name S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC City Manager's Signature City Attor~y ? ii~inance / Human Resources RESOLUTION R02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH, FLORDA AND THE NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU) TO RESOLVE/CLARIFY AN ISSUE OF DISPUTE BETWEEN THE PARTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU) have successfully resolved an issue of dispute regarding holiday pay for task based employees; and WHEREAS, the Memorandum was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify this Memorandum and authorize the City Manager to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Memorandum of Understanding between the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU), attached hereto as Exhibit "A" and authorizes the City Managerr to execute the Memorandum. Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this __ day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\reso\agreements\SEIU MOU121202 Letter of Understanding City. of Boynton Beach & NCF&O Local 1227 Blue Collar Solid Waste Task Overtime Compensation on City. Holidays The City understands that the Blue Collar bargaining unit ~ expressed concern about potential discontinuation of the past practice to compensate task based Solid Waste employees by paying at the rate of time and one half for a full task day in addition to the pay provided employees for working on a holiday. It is further understood that this past practice is in conflict with Article 19, Section 3 of the current Labor Agreement. Specifically, Article 19, Section 3 of the Agreement states, "A full time employee required to work and who actually works on an observed holiday shall receive time and one-half (1 ~) their regular rate of pay for ail hours worked in addition to that payment provided in Section 2". Attached is a copy of the entire Article 19 of the Labor Agreement. Because past practice differs from the language m the Labor Agreement, both the City Manager and the Chief Steward of the Blue Collar Bargaining Unit hereby agree to continue the referenced past practice and pay task based employees in the Solid Waste Division at the rate of time and one-half for all hours corresponding to the regularly scheduled work hours until the expiration of the current Labor Agreement on September 30, 2003 or until a replacement Agreement is in effect, whichever date is later. An example of how the pay for Solid Waste task employees would work on a holiday is presented below: Veterans Day, November 11, 2002 10 Hours Holiday pay paid at slxaight time per Article 19, Section 2 of the Labor Agreement, plus 10 Hours Overtime pay paid at time and one-half per past practice. The remainder of the week will be compensated as per normal payroll preparation. The Chief Steward further acknowledges that Article 29 and Section 4 of Article 19 of the current Labor Agreement allows the City to schedule all work activities and, as such, the City has the right to adopt certain weekly work schedules that consider the impact of holidays on work procedures and City customers. It is contemplated that the City will not be providing residential sanitation services on holidays when only one holiday occurs during the workweek atter January 1, 2003. In those instances, the City will endeavor to implement the work schedule provided for in Section 4 of Article 19 of the Labor Agreement. City Manager Chief Steward Date Date Section 1. unit: ARTICLE 19 HOLIDAYS The following holidays shall be observed for employees in the bargaining New Year's Day 'Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day In addition, the employee may take his or her birthday, with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice. If taken the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee shall be paid straight time for not working that holiday. In the event that an employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (at time and one-half) and shall be paid straight time for the holiday. Hourly rate employees must work their regular workdays immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. A full-time employee required to work and who actually works on an observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section 4. The City will make every reasonable effort to schedule Sanitation employees assigned to the Task System off on all holidays. In this connection, the Sanitation employees who are scheduled off may be scheduled to work on Wednesday of the week in which the holiday falls. 35 Section 5. Employees on vacation, annual military leave, jury duty, sick leave, funeral leav~ and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 6. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. S:\CA\Collective Bargaining\Blue Collar - NCF&OXCBAX2001 - 2003 cba~BB Blue Final Clean.doc Rev301160 I. Rev4-012301 .Rev01240 I. Clean020601 VI'I'.-CONSENT AGENDA ITEH F CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOR vi Requested City Commission Meeting Dates [] December 3,2002 [] December 17, 2002 [] January7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] February 4, 2003 January 21, 2003 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] March 4, 2003 [] March 18,. 2003 February 18, 2003 (Noon) March 3, 2003 (Noon) [] Development Plans [] New Business [] Legal cfi [] Unfinished Business [] Presentation RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of November 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000' and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Services City'Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:kBULLET1NLFORMSXAGENDA ITEM REQUEST FORM.DOC '- CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED NOVEMBER 2002 Vendor: Yokogawa Corp. of America c/o Classic Controls, Inc. Requesting Department: Utilities Purchase Amount: $ 23,017.50 Contact Person: Dave Ailstock Brief Description of Purchase: Replacement of the pressure transmitters at the West Water Treatment Plant on membrane trains #5 & #6. The pressure transmitters continually measure and monitor pressure at various locations in the trains during water treatment processing. This is critical to keep the trains in service, determine flow and yield, fouling or deposition of membranes, and cleaning and replacement of membranes, or changing or cartridge filters to protect the membranes. Source for Purchase: 2. Vendor: S & F Construction Sole Source Fund Source: 405-5000-590-96-02 Proiect #WTR017 Purchase Amount: $ 22,358.00 Requesting Department: Golf Course Contact Person: Joe Sciortino Brief Description of Purchase: Procurement Services worked with Engineering Department and Golf Course to solicit written quotations for restroom renovations at the Links of Boynton Beach. There were three (3) written quotations received ranging in price from $22,358 to $51,200. S & F Construction was the Iow bid at $22,358. Engineering and Golf Course Staff met and agree that the S & F Construction quotation is the most responsive, responsible, quotation for this project. Source for Purchase: Three Written Quotations 3. Vendor: Professional Piping Services Inc. Fund Source: 411-5000-590-95-42 Purchase Amount: $ 23,520.00 Requesting Department: Utilities Contact Person: Bob Kenyon Brief Description of Purchase: The West Water Treatment Plant is experiencing plugging of the pre-treatment cartridge filters. Typically cartridge filters are changed 3-5 times per year, but Utilities is changing filters almost weekly due to plugging. Most of the plugging material is very fine sand with some organic matter. Staff is trying to locate and isolate the source of the plugging material. Utilities needs to clean and disinfect the pipeline from the well sites to the plant to remove the sand and other matter. This step is the first of possibly many to correct the problem. Source for Purchase: SNAPS Agreement #9911829-3 Fund Source: 403-5000-590-96-02 Project #WTR017 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~n~.~ City Manager Approval: ,, Presented to Commission for information on December 17, 2002. 1 of 1 Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 VII.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FI,m,, Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a donation from Federal Justice Forfeiture funds in the amount of $4,000.00 to Glades Central High School Criminal Justice Academy. EXPLANATION: The Palm Beach County Criminal Justice Commission is seeking assistance for Glades Academy in funding their program. Glades Academy has 134 students and is asking for assistance for textbooks, Honor Guard equipment and transportation. PROGRAM IMPACT: N/A FISCAL IMPACT: Federal Justice Forfeiture Funds in account 691-0000-590-04-22 $51,000.00 Total donation $4,000.00 Funding requested will have no fiscal impact on our budget. ALTERNATIVES: epartment Head s Signature Police Department Name City Manager's Signature City Attorney (Finance/~Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Criminal Justice Commission 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 Suncom: 273-4943 FAX: (561) 355-4941 E-mail: dcunning@co.palm-beach.fl.us www. pbcgov, com/cjc George 12 Elmore, Chairman Jorge A. Dominicis, Vice Chairman Leo E. Noble, Secretary Wendy Sartory Link, Treasurer Executive Director L. Diana Cunningham 'An Equal Opportunity Affirmative Acffon Employer TO: FROM: DATE: RE: MEMORANDUM Chiefs of Police Sheriff L. Diana Cunningharr~, i~xecutive Director Criminal Justice Commission October 1, 2002 Seeking Assistance for The Criminal Justice Academy at Glades Central High School As you may already know, this year's Academy has 134 students. I appreciate your help in the past, but they have advised me that their needs for the current school year are as follows: Law Studies textbooks - they would like to purchase a classroom set (25 books). These books usually run from $45 - $60 per book. Criminology textbooks - they would like to purchase a classroom set (25- books). These books run from $45 - $60 per book. Honor Guard equipment - they would like to purchase some long sleeve uniform shirts for their Honor Guard. They would also like to purchase a couple of new rifles and new gloves. The costs for these are 4 rifles @ $43.50 each + $14.25 per protective case = $231.00; 1 dozen gloves ~ $2.20 per pair = $26.40; 1 dozen long sleeve uniform shirts ~ approximately $45 each = $540.00. C JO IV transportation - they need to provide transportation for the students from their internship/mentoring programs. The school district provides transportation to the jobsites but not home. The cost is approximately $400.00 per year. They would al~o appreciate any used equipment from police departments as they replace theirs with new equipment. They could use traffiC cones, vests, crime scene equipment and anything else you are willing to donate. Please visit their website at http://www.gladescentral.org/crjustice. If you are able to contribute or if you have any questions, please contact me at 355-2314. cc. Dr. Effie Grear ~ pr/nted on recycled paper Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 VII.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM H. AGENDA ITEM REQUEST FOm, Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a donation from monies received from Local Confiscated Funds to The Juvenile Transition Center, Inc. of Boynton Beach, in the amount of $4,000.00. EXPLANATION: The Juvenile transition Center has requested a donation for sponsorship for the Encouraging Students Through Education, Employment, & Mentoring. This donation complies with Florida Statute 932.7055(4)(c). PROGRAM IMPACT: Without the donation The Juvenile Transition Center will have difficulty funding their projects this year. FISCAL IMPACT: Local Confiscated Funds are available in account 691-5000-590-04-54 $46,486.00. Total donation $4,000.00 Funding requested will have no fiscal impact on our budget. ALTERNATIVES: De4~rtm[nt ¥Ie~d~g~q-gnature Police Department Name X;~d'4~'M~S ignature C1~ Att~' / Finance / Human Resources SABULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC OFFICERS Stephanie Mingo-McKoy, President Carl G. McKoy, Vice-President At the Ezell Hester Commtmity Center 1901 N. Seacrest Boulevard Boynton Beach, Florida 33435 BOARD OF DIRECTORS Lester Lockett, Chairman Christopher Deliso, Secretary Priscilla B. Maloney, Treasurer October 16, 2002 Marshall Gage Chief of Police Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Gage: Thank you for your recent committment for a financial contribution to the E.S.T.E.E.M. (Encouraging Students Through Education, Employmem & Mentoring) year-round prog/am. The $4,000 request will help support the expenses associated with the Sixth Annual Educational Fair on November 22-24, 2002 in Orlando, Florida. The E.S.T.E.E.M Participants have worked diligently in their academic studies and equally as hard in their commumty. With the support of the Boynton Beach Police Department, the requested funds will defray the cost of transportation, accommodations, evems and/or meals for the thirty (40) selected yomh. Thank you for realizing the significance of motivating our youth and your cominued community support. ~~,t ~_ly, ~'~p-l~anie Mingo-~lcKoy,/~rogram Director ~ XII, - LEGAL ITEM A. 1 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FURM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to CiW Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to CiW Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 17, 2002 City Commission AgendaOA'~der¢.] Legal, Ordinance - Second Reading. This rezoning corresponds with the proposed land use map amendment transmitteq!:t~ the State Department of Community Affairs on July 5, 2002. The City Commission, with a 4 to 1 vote, recomme~Ped approved on First Reading at the December 3, 2002 Commission meeting. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: South Congress Residential (LUAR 02-002) Kieran Kilday of Kilday & Associates, Inc. Congress Industrial Park, L.L.C. East Side of S. Congress Avenue opposite Hunters Run PUD Request the rezoning of the property from M-1 Industrial to (PUD) Planned Unit Development to coincide with the approval of the Site Plan/Master Plan for the property. PROGRAM IMPACT: N/A Develop(nent D&l~artment Director Planning and ZoniKg ~irector City Manager's Signature City Attorney / Finance / Human Resources SSPIanning\SHARED\WP\PROJECTSXJefferson ~ Boynton~LUARXAgenda Item Request South Congress Rcsid. Rezone-Legal 2nd reading 12-17-02.dot S:~BULLETINM:ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- Og~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR/DA, REGARDING THE REZONING OF VACANT LAND CONSISTING OF +32.159 ACRES ON THE EAST SDE OF SOUTH CONGRESS AVENUE; AMENDING ORDINANCE 02-013 OF SAD CITY BY REZONING THAT TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M-1 (INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted )rdinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Congress Industrial Park, LLC, as owner of the property more ,articularly described hereinafter, has heretofore filed a Petition, through their agent, [ilday & Associates, Inc.,/Kieran Kilday, pursuant to Section 9 of Appendix A~Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of +/-32.159 acres, said land being more particularly described hereinafter, 'from M-1 (Industrial) to PUD (Planned Unit Development), ~ubject to all staff comments; and WHEREAS, the City Commission conducted a public heating on July 2, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed rezoning. The material representations made by applicant are set forth in the minutes of :\CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential.doc !!the City Commission meeting/Public Hearing conducted July 2, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" te and the same is hereby rezoned from M-1 (Industrial) to PUD (Planned Unit Development). % location map is attached hereto as Exhibit "B" and made a part of this Ordinance by ;ference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. :\CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential.doc Section 7. qRST READING this ...25._ day of ]ECOND, FINAL READING and PASSAGE this __ This ordinanceshallbecome effectiveimmediately upon passage. ,2002. day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ;T: Commissioner Commissioner Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential.doc LEGAL DF-.~CR~PTION A parcel of land in~ portion of the South _ ow.?p 46 SaSh. Ran · _ we J o,., orter (SW 4 · po~lculer~ d~cri~ __ . ~ 43 East. Palm ~eech Co,,-*.- ~-.-/ ~ · Section - and oll other b~rin-s or ...... -. 's ossum~ to beer ~ ~ minutes 45 s ~na. ~_.._ _ P ~; [nence run South 89 ~ .... ~ ~u=~,/o oistonce of 53,00 feet to o point ;n the Cost fiGht-of-way line of Congress Ave · e herein descried ~m-I- '~ ...... hue and the Point of Be ' ' Seaboard C~s* ,:2~'~-[~[ ~o o point in the Weste~ fi.h,-~'= -==c.~ co~?e, .~.... r__. ..~.= no,r~O; thence ~n N -*. =. o~-woy I~ne ,~-Ihe :2~,,-= =us[, alan9 said We~e~ --.. -. o~h .~8 d~r~ 21 minutes 59' ' ~'~ ,,~-.-ur-woy ~,ne, o distance of 60701 feet, [hence No~h 89 degas 58 mmute~ 02 seconds West, o distance of ~91 35 ' feet; thence, No~h 0 d~rees 01 mmut~ 58 seconds East, o distance of d~tanc~ o~~~' .... ~[~tance of 232 ~ fee*- ~ ........ e ~ --'~ '~ more or I-~'~--~-~:~--~ ~ ~,~,ce west, a ~a, ~u [ne solo ~~ ri~ht:o~y line of uongress A~nue; thence South alon~ said right-of-way line, a distance of 1463.76 feet to ~e Point of Beginning..Said pomet subject to the following : ~SS ~D ~CE~ : A right-of-way over the Westerly 80 feet of the Costefly 190 feet (os measured at ri<:Jht angles to) thereof for the Lake Worth Drainage District Canal No. 1/2, os recorded in Official Records Book 180.3, Page 254, of the Public Records of Palm Beach County, Florida. Location Map LONE PINE RD NW 18TH ST N $ 1800 2700 3600 Feet CITY OF BOYNTON BEAC AGENDA ITEM REQUEST F£ XII. - LEGAL ITEM B.1 Requested City, Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7,2003 [] January, 21. 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) Janua~ 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4. 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January. 21, 2003 (Noonl February, 3, 2003 (Noon} February 18, 2003 (Noon) March 3. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Fund First Reading of Ordinance Amending Monthly Supplemental Benefits for Police Pension EXPLANATION: Ordinance changes the normal "vesting period" for the Police Pension system from 10 years to 5 years. Funding for the change is derived from Part 185 Insurance Funds. In addition, the ordinance provides an amended distribution ora supplemental benefits based on 6 through 9 years service because of the proposed 5 year vesting provision. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staffand assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: The projected annual cost of the program change is $76,398 ($52,925 for continuation of supplemental benefit program and $23,473 for the change to 5 year vesting). The current projected excess Part 185 revenue is $88,258. There is no increase to the employer's share of the pension fund from this benefit change. Per statute, Part 185 (Part 175 for Fire Pension) are to be used for pension enhancements to the Police Pension system. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund and ratified by the union and place the item on the agenda for collective bargaining purposes. Del3a~rnent Head's-Signature City Manager's Sig'l~ature Department Name City Attorney / Finance / Human Resources S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; AMENDING THE REQUIREMENTS FOR RETIREMENT; AMENDING THE MONTHLY SUPPLEMENTAL BENEFITS; PROVDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to reduce the vesting period for ~enefits; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to reduce the vesting period; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its Municipal Police Officers' Pension Ordinance in order implement this revision to the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Paragraph 2 of subsection D of section 18-169 of Article III of Chapter l 8 of thc Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-169. Requirements for Retirement-Benefit Amounts. E. Separation fi.om Service. o o Effective for terminations on and after October 1, 2002, ift-f a member leaves the service of the City before accumulating aggregate time of 5 I0 years toward retirement and before being eligible to retire, such member shall be entitled to a refund of all of his or her contributions made to the Fund, without interest. If any member who had been in the service of the City for at least 10 years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining age 50 years or more (without reaching what would have been twenty years of service had he not terminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at early retirement or upon attaining what would have been normal retirement had he not terminated his employment, such police officer may receive his or her accrued normal retirement benefit. Effective for terminations after October 1, 2002, if any member who had been in the service of the City for at least 5 years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining what terminated his would have been normal retirement had he not employment, may receive the accrued normal retirement benefit. Section 3. Paragraph 2 of subsection D of section 18-169 of Article III of Chapter 18 ~fthe Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-169. Requirements for Retirement-Benefit Amounts. Monthly Supplemental Benefits. 2. Effective as of October 1, 2002, the :lZhe benefit pool shall be divided according to the total number of years of service rendered by all retirees, with a cap of 20 years. The shares will be divided on a pro- rata basis on the following schedule: 20 19 18 17 16 15 14 13 12 11 10 9 or more years of service years of service years of service years years years years years years years years years of service of service of service of servme of servme of servme of service of service ofservme 100% 8 years of service 7 years of service 6 years of service 5 years of servme Duty Disability Non-duty Disability Beneficiary 95% 90% 85% 80% 75% 70% 65% 60% 55% 50% 45% 40% 35% 30% 25% 100% Based on above schedule Based on % receiving of retiree's benefit Section 4. Should any section or provision of this Ordinance or portion hereof, any )aragraph, any sentence, or word be declared by a court of competent jurisdiction to be such decision shall not affect the remainder of this Ordinance. Section 5. Any part of the Boynton Beach Code in conflict herewith shall be ~ealed. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This Ordinance shall be effective upon the later of date of passage or approval by the bargaining unit. FIRST READING this ~ day of ,2002. SECOND, FINAL READING and PASSAGE this __ day of ., 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) '1 Bressner, Kurt From: Sent: To: Subject: Chapman, Gary '-Thursday, September 26, 2002 3:02 PM Bressner, Kurt RE: Chapter 185 Pension Fund Enhancements Hello Kurt, The 1% matching funds from the City according to the spread sheet are represented as follows: $ 65,553 $ 65,553 $ 71,132 $ 71,132 BOYNTON BEACH $461,661.42 Represents 185 monies received last August, of which we dedicated $18207 of the 185 monies to offset the Cities costs. 461,661 o 443,454 = 18,207 left over 185 premiums applied to Cities 1%, (71,132 o 18207) = 52,925 Due from 185 this year not 71,132 as shown below in the spread sheet. There is sufficient funds from the 185 premiums to cover the enhancements to include the 5 year vesting. (531,712-443,454)=88,258 (71,132-18207)=52,925 represents the outstanding balance due to cover 100% of the Cities 1% contribution for the supplemental benefit. (52,925 due to cover 1% + 23473.50 for the 5 year vesting )= 76,398.50 due from 185 premium, available monies from 185 equals 88,258. (88258 premium available - 76,398.50) = 11859.50 left over and applied to next years 1%. 2002 Actual 185 Premium Tax Refund $ Base Line Part 185 Revenue per Palmquist 8/22 $ "Available for Enhanced Benefits" $ Cost of Supplemental Health Benefit Above $ 5 Year Vesting based on addl .33% Payroll $ Total Cost of 2002 Enhanced Benefits $ Over/Under Available Excess 185 Revenue $ 531,71'2 $ 531,712 430,572 $ 443,454 101,140 $ 88,258 65,553 $ 65,553 21,632.5 $ 21,632.5 87,186 $ 87,186 13,954 $ 1,072 $ 531,712 $ 430,572 $ 101,140 $ 71,132 $ 23,473.5 $ 94,6O5 $ 6,535 MAILING ADDRESS -. )0 N. Florida Mango Road Palm Beach. FL 3340%6400 (561) 689-3745 (561) 687-0154 Fax POLICE BENEVOLENT ASSOCIATION, INC. ADMINISTRATIVE OFFICES 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 (561 689-3745 November 20, 2002 James Cherof, Esq. City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: PBA/City of Boynton Beach Dear Mr. Cherof: The PBA as collective bargaining agent for Boynton Beach Police Officers, Detectives, Sergeants and Lieutenants, agrees tO waive bargaining over the following pension enhancements: Change in vesting as delineated in the November 14, 2002 draft of proposed amendments to Section 18-169 of Article III Chapter 18 of the Boynton Beach Code of Ordinances (ia copy is attached); Transfer of accumulated leave as delineated in the November 14, 2002 draft of proposed amendments to Section 18-173 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances (a copy is attached). Sincerely, President EWG:gs Enclosures RECEIVED JNOV 26 20O2 CITY MANAGER'S OFFICE The Voice of Paint Beach County's Late Enforcement Ernest W. George. president. Roben Provosl, V~ce-Pre.sident - A~lhur Alficella. Secretary-Trea.~urer CITY OF BOYNTON BEA, AGENDA ITEM REQUEST F XII. - LEGAL ITEM B.2 Requested City Commission Meetine Dates [] December 3, 2002 [] December I7, 2002 [] January 7, 2003 [] January 21. 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetin~ Dates [] February4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned m to City Clerk's Office January 21. 2003 (Noon) FebruaD, 3. 2003 (Noon) February 18, 2003 (Noon) 5,larch 3. 2003 INoon) NATURE OF AGENDA ITEM [] Adrmnistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ~ RECOMMENDATION: First Reading of Ordinance adding the transfer of accumulated leave into the individual accounts for DROP participants for Police Pension Fund EXPLANATION: Ordinance provides an option to DROP participants to select an additional method to credit accumulated leave into their DROP account. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staffand assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director, there is no additional cost to the City for this amendment. ALTEI~NATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund and ratified by the union and place the item on the agenda for collective bargaining purposes. D~Partment IKe~d's S~gnature ~ ~7~ty Manager s Smnature Department Name City Attorney / Finance; Human Resources S:",BULLETIN\FORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES TO PROVIDE FOR OPTIONAL TRANSFER OF ACCU~4'ULATED LEAVE BALANCES U~ON RETIREMENT; PROVIDING FOR CONFLICTS, SEVER.ABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida, presently has a retirement plan and trust fund for police officers; WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") desires to amend the City Code to provide for optional transfer of accumulated leave balances into the retirement plan; WHEREAS, the ordinance has been reviewed by the actuary for the Fund and a copy of the impact statement has been filed with the Division of Retirement in- Tallahassee; and WHEREAS, the City Commission has determined this amendment will benefit the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and ~ncorporated herein by this reference. Section 2. Section 18-173 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended by adding a new subsection C as follows: Section 18-173. Rollovers Co Transfer of Accumulated Leave Members eligible to receive accumulated sick leave, accumulated S:\CA\Ordinsnce~:~'~s~on~,~cC 1~sve ~,ransf~J~ - 8,J 120402.rt1' 1 vacation leave or any other accumulated leave payable upon separation may elect, not later than the December 31st of the calendar year prior to the year of retirement or entry into the DROP, to have the leave transferred to the Plan. For purposes of this section, the term "separation" shall mean termination of service as a police officer with the City. Members on whose behalf leave has been transferred may elect one of the following distribution options within thirty (30) days of separation. Members failing to elect a distribution option within thirty (30) days of separation will be deemed to have elected option (a) below: (a) Receive a lump sum equal to the transferred leave balance; (b) or Transfer the entire amount of the transferred leave balance (c) directly to any eligible retirement plan; or Purchase additional service credit as may be permitted by the Code. If the leave balance exceeds the cost of the (d) service credit purchased, the balance shall be paid to the member in a lump sum; or Transfer the entire amount of the transferred leave balance into the member's DROP account. Members who fail to elect a transfer not later than the December 31't of the calendar year prior to the year of retirement or entry into the DROP will receive payment in a lump sum at time of separation with all attendant tax consequences. If a member on whose behalf the City makes a transferred leave balance to the Plan dies after retirement or other separation, but before making an election, as provided, or after making an election $:\CA\Ordlnalqces%Pens4olq~acc leave transfe~ - BJ 120402.n'f 2 -. but before any distribution is made, the election option shall be void. In such an event, any person who would have received a death benefit had the member died in service immediately prior to the date of retirement or other separation, shall be entitled to receive an amount equal to the transferred leave balance in a lump sum. In the case of a surviving spouse or former spouse, an election may be made to transfer the leave balance to an eligible retirement plan in lieu of the lump sum payrnent. Failure to make such an election by the surviving spouse or former spouse within sixty (60) days of the member's death will be deemed an election to receive a lump sum payment. 4. The Board, by rule, shall have the authority to enact administrative. rules for purposes of administering the provisions of this Section, consistent with the Federal tax laws in effect on the date of transfer. No such rule shall conflict with the provisions of this section. 5. Members electing to enter into the DROP shall be required to preserve a balance of one hundred and twenty (120) hours of sick leave and one hundred and twenty (120) hours of vacation leave at the time of entry into the DROP. 6. The value of the leave transferred shall be determined in accordance with applicable city personnel policies or collective bargaining a~eements. Section 3. Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Any part of the Boynton Beach Code in conflict herewith shall be S:\CA\Or(tinance$\Pens~on\acc leave transfers - BJ 120402.rtl 3 repeale&i Section 5. Section 6. Authority is hereby granted to codify this Ordinance. This Ordinance shall be effective upon date of passage. FIRST READING this __ day of ,2002. SECOND, FiNAL READiNG and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\Oechnance$~Penaon~acc leave transfem - BJ 120402.rlf 4 POLICE BENEVOLENT ASSOCIATION, INC. MAILING ADDRESS .. 2100 N. Florida Mango Road West Palm Beach. FL 33409-6400 1561) 689-37-t5 (561) 687-0154 Fax ADMINISTRATIVE OFFICES 2100 N. Florida Mango Road West Palm Beach. FL 33409-6400 1561~ 689-3745 November 20, 2002 James Cherof, Esq. City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: PBA/City of Boynton Beach Dear Mr. Cherof: The PBA as collective bargaining agent for Boynton Beach Police Officers, Detectives, Sergeants and Lieutenants, agrees tO waive bargaining over the following pension enhancements: Change in vesting as delineated in the November 14, 2002 draft of proposed amendments to Section 18-169 of Article III Chapter 18 of the Boynton Beach Code of Ordinances (a copy is attached); Transfer of accumulated leave as delineated in the November 14, 2002 draft of proposed amendments to Section 18-173 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances (a copy is attached). Sincerely, President EWG:gs Enclosures RECEIVED NOV 2 6 2002 CITY MANAGER'S OFFICE The Voice of Palm Beach County's Law Enforcement Ernest W. George, President - Rober~ Provost. Vice-Pre.~ident - Arlhur Apicella. Secreta~-Trea.~rer XII.- LEGAL CITY OF BOYNTON BEA(: ITEM B.3 AGENDA ITEM REQUEST F( Reauested City Commission Mee,,mg Date~ December 3. "002 [] December I 7, 2002 [] January, 7, 2003 [] January. 21. 2003 Date Final Form Must be Turned ,n to City Clerk's Office November I S. 2002 I Noon I December 2. 2002 I Noon ~ December 16. 2002 f Noon I January 6. 2003 I Noon. ~ Requested CitN Com~"ission Meetm_o Dates [] February-t, 2003 [] February, Ig. 2003 ] March 4. 2003 [] March 18.. 2003 Date Final Form ",lust be ~n to Cit~, Clerk'~ Or'rice January. 21. 2003 ~ Noon Februao' 3. "003 ~ Noon February, I$. 2003 !Noon) March 3. "003 I Noon~ NATURE OF AGENDA ITEM [] Adrmnistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: First Reading of Ordinance Amending Method of crediting earnings for DROP participants for Police Pension Fund EXPLANATION: their DROP account. Ordinance provides an option to DROP participants to select optional methods to credit earmngs to PROGR..~M IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staffand assist in recruitment of individuals to a career with the Bo3mton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director. there is no additional cost to the City for this amendment. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund. place the item on the agenda for collective bargaimng purposes. ~ ~Depanment Head's Signature Ci~'. 'lanager'i, Signamre Department Name City Attorney Finance. Human Resources S: BULLETINXFORMS\AGENDA ITEM REQUEST FORM DOC XII. - LEGAL ITEM B.3 ORDINANCE 02-065 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; ALLOWING PARTICIPANTS IN THE DROP TO CHANGE THEIR METHOD FOR THE CREDITING OF INVESTMENT EARNINGS; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to offer DROP Participants an opportunity to select their method for the crediting of earnings; and wHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to offer an opporttmity to select their method for the crediting of earnings; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to implement this revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Subsection G of section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-175. Deferred retirement option plan. G. Effective Jammry 1, 2003, DROP participants have the option to select optional methods to credit investment earnings to their account. The method may be changed each year effective January 1, however, the S:\CA\Ordinances\Pens~on\DROP int~est.rtf method must be elected prior to January I on a form provided by the Board of Trustees. A .... ~ ..... ' ........* ;~ ,u~ r~or~o prc~'am :hall ~ The methods ,-vt ..... are: 1. Gains or losses at the same interest rate earned by the Pension Plan; or 2.A guaranteed rate of 7.0%. 3. A percentage of the DROP account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of 7.0%. The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two percentages must equal 100%. Employee's DROP accounts will be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. Section 3. Subsection J of section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-175. Deferred retirement option plan. J. Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: 1. Members may elect to begin to receive payment upon termination of employment or defer payment of DROP until the latest day as provided under sub-subparagraph c. 2. Payments gha!! may be made in ekq~ the following ways: S :~,CA\Ordinances',PenS~on\~)ROP interest.~lf Section 4. repealed. Section 5. a. Lump sum - the entire account balance will be paid to the retirant upon approval of the Board of Trustees. b. Installments - the account balance will be paid out to the retirant in five (5) equal annual payments paid over five (5) years, the first payment to be made upon approval of the Board of Trustees. c. Monthly installments - the account balance will be paid out to the retirant on a monthly basis until the account balance is paid out based on actuarial tables provided by the actuary. Any form of payment selected by a police officer must comply with the minimum distribution requirements of the IRC 401(A)(9), and is subject to the requirements of' subsection 18-174F e.g., payments must commence by age 70V2. The beneficiary of the DROP participant who dies before payments from DROP begin shall have the same fight to select payment options as the participant in accordance with this subsection. A DROP participant may designate a beneficiary to receive the DROP balance in the event of the participant's death prior to pay out of the full DROP balance. Any part of the Boynton Beach Code in conflict herewith shall be Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall be effective as stated herein. S:\CA\Ordinances\Pens~on\DROP interesLrtf FIRST READING this 17th day of December, 2002. SECOND, FINAL READING and PASSAGE this __ day of ,2003. FLORIDA CITY OF BOYNTON BEACH, Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances\PenS~on\DROP inte~est.rlf GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuarie~ 301 East Las Ola~ ~ · ,~Jite 200 · Ft. Laucler~ale. FL 33301-2254 · 954-527-1616 * FAX 954-525-0083 December 6, 2002 Bonni S. Jensen, Esq. Hanson, Perry & Jensen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Flonda 33401 Re: Boynton Beach Municipal Police Officers Retirement Trust Funcl Dear Bonni: We have reviewed the proposed ordinance that would allow participants in the DROP as of December 31, 2002 to change the metl~3d by wt~ich investment eamings are credited to their accounts. This option would be a one-time opportunity. In our opinion, this ordinance would have no actuarial impact on the Fund. We welcome your questions and comments. Sincerely yours, 'J. Stephen Palm~u~~~ JSP/or cc: Barbera LaDue 301 Ea~ Las Otas BIv=l. · Suite 200 ,, FI'. LauQim:lale. FL ~_'~_ 1-2254 · 954-527-$616 · FAX 954-.525-0083 December 6, 2002 Bonni $. Jensen, Esq. Hanson, Perry & Jensen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Florida 33401 Boynton Beach Municipal Police Officers Relimment Trust Fund Dear Bonni: We have reviewed the proposed on:linance that would: (a) Allow participants in the DROP to elect annually whether they wish to change the me/hod by which investment earnings are credited to their accounts, and (b) Add a third method of crediting investment eamings to DROP accounts. In our opinion, this ordinance would have no actuarial impact on the Fund. We welcome your questions an¢l comments. Sincerely yours, J. Stephen Palmquist JSP/or cc: Barbara LaDue HANSON, PERRY~ JENSEN, P.A. 105 Soum NARCISSUS AVENUE, Su~ 510 -WEST PALM BEACH, FLORIDA 33401 JILL HANSONt mll~anson ~ ~;311aw corn ANN H. PERRY a~erry ~ hOllaw, com BONNI SPATARA JENSEN bslensen ~ hDilaw.com December 5, 2002 VIA FACSIMILE AND FIRST CLASS MAIL James Cherof, Esquire City Attorney City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 TELEPHONE F~C$~MILE (561)655-5840 561~ 655-592e Re: City of Boynton Beach Police Officers' Pension Fund - Proposed Amendment Our File Number: 188.49 Dear Jim: Enclosed please find two proposed amendments to the Boynton Beach Police Pension Fund. The amendments were approved by the Board of Trustees at their November 20, 2002 meeting. The first amendment provides an opportunity for the DROP participants to annually chose an eamings method and adds an earnings method that is a combination between the vadable and the fixed rate. The second amendment, which is proposed as a stand alone ordinance, permits the current DROP participants to also elect annually the earnings method. The amendments are proposed to be effective as of January 1,2003. For the first year, the current DROP participants would have until February 1,2003 to elect a method and the method would be effective as of that date. I have requested Steve Palmquist to prepare a cost impact statement. He has verbally indicated that there is no cost to this item. Please contact me at your earliest convenience to discuss this amendment. BSJlka Encl. Copy to: Chairman and Secretary Barbara LaOue H:\BB 188\City~Cherof3.wlxl Sinc~ely yours, Bonni S. Jensen XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.4 AGENDA ITEM REQUEST FOl._._ Requested City. Corem,ss,on ".1ecrm ~ Dates [] December 3. 2002 [] December 17. 2002 ] January. 7. 2003 [] January 2I, 2003 Date Final Form Must be Turned ~n to City Clerk's Office November l $. 2002 (Noon) December 2. 2002 (Noon) December 16. 2002 (Noon January. 6. 2003 (Noon.) Requested City. Commission Meeun~ Dates [] February. 4. 2003 [] February. 18. 2003 ] March 4. 2003 [] March 18.. 2003 Date Final Form 5,lust be 'fumed ~n to City Clerk's O(fice January. 21. 2003 February. 3. 2003 tNoon~ February. 18. 2003 March 3. 2003 NATURE OF AGENDA ITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: First Reading of Ordinance Amending Method of crediting investments for DROP participants for Police Pension Fund EXPLANATION: Ordinance provides an option to DROP participants to select optional methods to credit investment earnings to their DROP account. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retatn staffand assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director. there is no additional cost to the City for this amendment. ALTERaNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund. place the item on Department H~d's Signature gnature Department Name City Attorney, Finance ,' Human Resources S: BULLETIN'FORMS',AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02-066 XlI. - LEGAL ITEM B.4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ALLOW A ONE TIME OPPORTUNITY FOR CURRENT PARTICIPANTS IN THE POLICE OFFICERS' PENSION DROP TO CHANGE THEIR METHOD TO CREDIT INVESTMENT EARNINGS, PURSUANT TO ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to offer DROP Participants an opportunity to change their method for the crediting of earnings; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to offer an oppommity to change their method for the crediting of earnings; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to implement this revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Participants in the DROP, as of December 31, 2002 may change their method for the crediting of earnings. This change in the crediting of earnings is a one time opportunity. The election to change the method for crediting must be made during the month of January, 2003. The method, if changed, will be effective February 1, 2003. Section 3. Any part of the Boynton Beach Code in conflict herewith shall be S:\CA\Ordinances\Pension\DROP mltld ~dt emgs.rtf 1 repealed; Section 4. Should any section or provision of this Ordinance or portion hereofi any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. This Ordinance shall be effective as stated herein. FIRST READING this 17th day of December, 2002. SECOND, FINAL READING and PASSAGE this __ day of CITY OF BOYNTON BEACH, FLORIDA .,2003. Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Orclinances\PenS~on\DROP rntt~d crclt erngs.r'tf 2 301 East ~ Ola~ ~,~ · ,~,(e 200 · Ft. Laucle~ale. FL ~_'tO_ 1-2254 · 954-527-1516 · ;::AX 9S4.525-00&3 December 6, 2002' 8onni S. Jensefl, Esq. Hanson, Pen'y & Jeflsen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Flonda 33401 Boynton Beach Municipal Police Officers Retirement Trust Fund Dear Bonni: We have reviewed the 13roposecI Ordinance that would allow participants in the DROP as of Deceml:~er 31, 2002 to change the mettx)d by wrtich investment eamings are creclitect to their accounts. This option would be a one-time opportunity. In our opinion, this ordinance would have no actuarial impact on the Fund. We welcome your questions and comments. Sincerely yours, JSPIor C~I~IEL. ROEDER, ~MITH & COMPANY 301 Ea~t ~ Ola~ BIv~l. · Suite 200 · Ff. Laurie. ;L ~_~_"k~_ 1 22.54 · 954-527-t516 · FAX 9~4-525.,00~3 December 6, 2002 Bonni $. Jensen, Esq. Hanson, Perry & Jensen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Florida 3,3401 Re: Boynton Beach Munidpai Police Officers Retirement Trust Fund Dear We have reviewed the proposed ominance that would: (a) Allow participants in the DROP to elect annually w~ether they wisl~ to change the method by wt3ich investment earnings are credited to their accounts, and (b) Add a third method of crediting investment earnings to DROP accounts. In our opinion, this ordinance would have no actuarial impact on the Fund. We welcome your questions and comments. Sincerely yours, J. Stephea Palmquist JSPIor cc: Barbara LaDue HANSON, pERRy JENSEN, P.A. 105 $ou'm N^~c~ssos Avenue. SO~T~ 510 -WEST P~.~ BE*C~. ~O~OA 33401 JILL HANSON* ml~anson O nDllaw corn ANN H PERRY aDerry ~ n011aw.com 8ONNI SPATARA JENSEN bstensen ~ bDllaw corn December 5, 2002 VIA FACSIMILE AND FIRST CLASS MAIL James Cherof, Esquire City Attorney City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Fiodda 33435 TELEPHONE ' 561 ) 655-584.~ ¢*CS~LS ;561 I 655-592¢ Re: City of Boynton Beach Police Officers' Pension Fund - Proposed Amendment Our File Number: 188.49 Dear Jim: Enclosed please find two proposed amendments to the Boynton Beach Police Pension Fund. The amendments were approved by the Board of Trustees at their November 20, 2002 meeting. The first amendment provides an opportunity for the DROP participants to annually chose an earnings method and adds an eamings method that is a combination between the vadable and the fixed rate. The second amendment, which is proposed as a stand alone ordinance, permits the current DROP participants to also elect annually the earnings method. The amendments are proposed to be effective as of January 1,2003. For the first year, the current DROP participants would have until February 1,2003 to elect a method and the method would be effective as of that date. I have requested Steve Palmquist to prepare a cost impact statement. He has verbally indicated that there is no cost to this item. Please contact me at your earliest convenience to discuss this amendment. BSJ/ka Encl. Copy to: Chairman anti Secretary Bart=ara LaDue H:\88 188~City~Cherof3.wlxl Sinc~ely yours, . , -. / Bonni S. Jensen III. - LEGAL ITEM D.1 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FOIUVl Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4. 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Jose Mass v. City of Boynton Beach PLAINTIFF COUNSEL: Michael H. Stauder, Esq., Michael Stauder, P.A. DEFENSE COUNSEL: George P. Roberts, Jr., Esq., Roberts, Reynolds & Bedard, P.A. RECOMMENDATION: Motion to pay court ordered judgment to Plaintiff in the amount of $17,678~6. EXPLANATION: On August 17, 1996, City Police Officer was northbound on Seacrest Boulevard, when he was distracted by a group of males standing on the corner at Martin Luther King Boulevard. Officer turned his head to check out what was going on. The traffic light at the intersection turned red for northbound traffic. Plaintiff was stopped at the traffic light, police officer was unable to stop, and struck plaintiff's vehicle in the rear. Plaintiff claimed back and neck injuries. Plaintiff's claim at trial included past medical expenses of $52,000., future medicals of $15,000, lost wages of $270,000., and an undetermined amount for pain and suffering. Total demand was in excess of $337,000. PROGRAM IMPACT: Litigation and judgments of this nature is part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Judgment will be charged to the Risk Management Department budget expenses. ALTERNATI'~S: Failure to approve and pay judgment will result in contempt of court citation against the City. ,_~ v ~ - ent Head's Signature City Manager's Signature RISK MANAGEMENT Department Name ~r Cit; ,~ttc~r~"~::inance / Human Resources Cjm/ClaimauffMassJ01 S:\BULLETIN'O:ORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: FROM: Wilfred Hawkins Assistant City Manager Charles J. Magazine ~ '~.~ Risk Manager DATE: December 4, 2002 SUBJECT: Jose Mass v. City of Boynton Beach, et al Date of Loss: Au{~ust 17, 1996 Risk Management recommends the City Commission ratify the: in the above stated manner. Settlement RESERVES: Indemmty: $ - Expenses: $ - Demand: Original: $ - Final: $ - Offer,: Original: $ - Final: $ - X Judgement SETTLEMENT: $ NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ Current Legal Fees: $ IF NOT SETTLED Projected Legal Fees: $ $ Projected Jury Verdict: JUDGEMENT: $ Current Adjustment Fees: 15,000 + costs of $2,678.96 = $17,678.96 $ 237. Current Legal Fees: $ 40,151. CASE NARRATIVE: On August 17, 1996, City Police Officer was northbound on Seacrest Blvd., when he was distracted by a group of males standing on the comer at Martin Luther King Blvd.. Officer turned his head to check out what was going on. The traffic light at the intersection turned red for northbound traffic. Plaintiff was stopped at the traffic light, police officer was unable to stop, and struck plaintiff's vehicle in the rear. Plaintiff claimed back and neck injuries. Plaintiff's claim at trial included past medical expenses of $52,000., future medicals of $15,000., lost wages of $270,000., and an undetermined amount for pain and suffering. Total demand was in excess of $337,000. Cj m/ClaimauffMassJ02.doc SANJI¥ G ROeE~T ~. OKON ROBERTS & REYNOLDS, P.A. 470 COC. URI~IA ORIV~ WEST PALM BE~CH, FLORID& 33409 ~'ELEPHONE (Eel) eea-esea -'z oOerc ~4tob~ct =L~ld~ .cml JULI!" II~ANCIgCO Honorable Elizab,~h T. Maass Palm Brach County Courthouse 205 No. Dixie Highway, Room 1 lB West pslm Be. ach, FL 33401 December 3, 2002 Joni Mass vs.'C|~ Of Boynton Beach File No.: 100-192 Ca~e No.' CL 00.-7907 A1 We enclose herewith a proposed fil:~l jud~ent which melt:des get..of~ and t~xabi= costs as agreed by thc partics. Mr. Stauder, counsel for Plaintiff, has agreed ~o this proposed final judgment. Accordingly, we are submitting it for the Court's approval and =n~zy. Thus, the hearing ,scheduled for Friday, Decembcr 6, 2002 on this issue will not be necessary. Respectfi~y submitted, GPR Jr./rnh Encbsur~s Michael H. Stauder, Esquire Chuck Magazine ROBERTS, 3R lIN 'l'k~ CII~CU]~ COLFRT 01~ THE FIFTEENTH J'U~ICIAL CIRCUIT ~ AND FOR PALM BEACH COUNTY, FLOP, IDA CASE NO.': CL 00-7907 JOS]~ MA.SS, Plaintiff, VS. CITY OF BOYNTON BEACI'I, a Florida Mtmicipality, Defendant. FINAL JUDGMENT Tl'l/s cau.~e came on beIore tl~ court for jury trial on November ~, 2002. On November 6, 2002, r.h¢ jury r~ad~r~l i~ v~dic~ awarding d~nagc~ to Plaintfff$osc Ma~s in thc sum of $25,000. pm'surest :o Florida Statutcs, Dcfcndant City ofBoynton B~ach ~ entitled to a set-off to the awaxcl · of d~rnages in the sum of $10,000 f~r the Persoual Injury Protection benefits paid on behalf off Plaintiff. Therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff lose Mass do have, r~ceive and recover judgment in the rt~t sum of FLFTEEN THOUSAND DOLL.M~5 ($I5,000). Aud it is further ;' ORDERED aad ADJUDGED that aa a p~vailiag party, P!airmfflose Mass is ~xititled. to SO/EO Bg~d SO~ONA~ ~ Sl~_-~aO~ EPEE-BB9-Igs ES:SI City of Boynton Cas~ No. CL 00-7907 A.~ Final Judgm-~t Page 2 taxation of costs inmur~l in thc prosecution of this action. The parties have agreed that thc taxable costs are $2,678.96. Therefore, Plaintiff $ose Ma~s, do have, receive and recover taxable costs against Defendant City of Boynton Beach in the sum of $2,678.96. DONE AND ORDEI~D at West Palm Beach, Florida this .. day of December, 2002. Cop/es furmsh¢cl Michael Stauder, Esq. C-eorg¢ P. Roberts, .~r, Esq ELIZABETH T. MAulS Oircttit Court Iud. ge STYLE: CASE NO.: OUR FILE NO.: MA,SS v. BOYNTON BEACH CL 0O-79O7 A1 100..ITl COUNSEL LIST MICHAEL H. STAUDER, ESQ. Michael H. S~auder, P.A. Crystal Tree Office Cenu'= 1201 U.S. Highway One, Suite 31 $ North Palm B~.a~h, Florida 33408-3548 Counsel for Plaintiff PH: $61-627..$899 FX: 561-62%$734 GEORGE P. ROBERTS, JR., ESQ. Roberts & Reynolds, P.A. 470 Columbia Drive Suite 10IC Wezt Palm Beach, FL 33409 Counsel for Defendant PH; 561-658-6560 FX: 561-688-2343 50/50 B9~d S~90N~Ba ~ S±aB~Oa £~EC-BBg-I3S aS:SI C00E/£~/CI